I think Dial tried to get the restitution amount lowered because he had current or future resources to protect. Nothing else makes sense to me. I don't know, but I imagine it cost him resources to make the appeal.
The person that told me about the appeal being denied has always been reliable, but he isn't responding to questions I have. I've tried to find out details on my own, but have had no luck.
I've been hoping that someone might take the info I've provided and do a better job than I have at finding what the 5th Circuit Court has done.