Whether a sentence should be reviewable on appeal if the restitution order is not barred from appellate review due to factually insufficient evidence

QUESTIONS PRESENTED FOR REVIEW 1. In cases where the methodology to calculate the guidelines range for sentencing mirrors the methodology to calculate the restitution amount, if a challenge to the restitution order is not barred from appellate review due to factually insufficient evidence, whether the sentence should also be reviewable on appeal. 2. When a Circuit court holds that the restitution order should be vacated due to flawed methodology in determining the amount of infringing items, whether a sentence based on the same arbitrary calculation must also be vacated because deprivation of liberty should receive higher scrutiny rather than criminal monetary sanctions. 1 PARTIES TO PROCEEDING AND RELATED CASES Parties e Petitioner, Ojin Kim, was the Appellant. e Respondent, Unites States of America, was the Appellee. Related Cases e United States v. Kim, No. 18-51024, U.S. Court of Appeals for the Fifth Circuit. Judgment entered February 19, 2021. e United States v. Kim, No. 7:17-cr-00183-DC-1, U.S. District Court for the Western District of Texas. Judgment entered November 19, 2018. i