The following excerpt is from U.S. v. Jenkins, 884 F.2d 433 (9th Cir. 1989):
This circuit has held that a district court is authorized to order restitution up to the amount of loss to aggrieved parties set forth in the indictment or in the plea agreement. Several decisions in this circuit also suggest that a court may fix restitution in an amount greater than the amount alleged in the indictment or plea agreement if the greater amount is "judicially established." See United States v. Whitney, 785 F.2d 824 (9th Cir.1986), amended, 838 F.2d 404, 405 (9th Cir.1988); United States v. Schiek, 806 F.2d 943, 945 (9th Cir.1986); United States v. Black, 767 F.2d 1334, 1343 (9th Cir.1985); United States v. Gering, 716 F.2d 615, 623 (9th Cir.1983). The rule that the amount of restitution may not exceed the sum set forth in an indictment, a plea agreement, or some formal judicial finding is designed to satisfy the "need [to] prove[ ] with certainty the amount of the loss caused by the offense." Gering, 716 F.2d at 625.
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