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U.S. v. Paz

United States Court of Appeals, Ninth Circuit
Apr 18, 2003
61 F. App'x 481 (9th Cir. 2003)

Opinion


61 Fed.Appx. 481 (9th Cir. 2003) UNITED STATES of America, Plaintiff--Appellee, v. Mario Raul PAZ, Jr., aka Tom Clancy, aka John Erickson, aka Kevin Hunter, aka Stephen Dale, aka David Stone, Defendant--Appellant. No. 01-50536. D.C. No. CR-01-00013-AHS-1. United States Court of Appeals, Ninth Circuit. April 18, 2003

Submitted April 7, 2003.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California, Alicemarie H. Stotler, District Judge, Presiding.

Before RYMER, KLEINFELD, and FISHER, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Mario Raul Paz Jr. appeals the restitution ordered by the district court after he pled guilty to three counts of knowingly uttering a counterfeit security under 18 U.S.C. § 513(a). We have jurisdiction pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291. We review for plain error a district court's order imposing restitution when a defendant fails to object to the restitution during sentencing, United States v. Zink, 107 F.3d 716, 718 (9th Cir.1997), and we affirm.

The district court did not plainly err in its restitution order, because the sum awarded was not grossly disproportionate to the criminal offense, see United States v. Dubose, 146 F.3d 1141, 1145 (9th Cir.1998) (proportionality is inherent in an 18 U.S.C. § 3663 restitution order), and because the district court properly relied on the presentence report in determining the amount of restitution, see 18 U.S.C. § 3664; cf. United States v. Cannizzaro, 871 F.2d 809, 812 (9th Cir.1989) (upholding restitution order where presentence report contained information regarding the defendant's finances and victims' losses, the defendant did not object to this information, and the judge referred to the report's findings at sentencing). Paz's claim of ineffective assistance of counsel should be brought in habeas proceedings because the

Page 482.

record is not sufficiently complete to allow review on direct appeal. See United States v. Lightbourne, 104 F.3d 1172, 1178 (9th Cir.1997).

AFFIRMED.


Summaries of

U.S. v. Paz

United States Court of Appeals, Ninth Circuit
Apr 18, 2003
61 F. App'x 481 (9th Cir. 2003)
Case details for

U.S. v. Paz

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Mario Raul PAZ, Jr., aka…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 18, 2003

Citations

61 F. App'x 481 (9th Cir. 2003)