United States v. Lee Baker, Jr.

Good Law
580 F. App'x 573
United States Court of Appeals for the Ninth CircuitJune 25, 201413-30076California210 words

Opinion

Opinion

MEMORANDUM

By separate order issued today, we direct the parties to file a notice advising whether they wish to have an opportunity to settle on an appropriate restitution amount, either on their own or through the assistance of a mediator. In the meantime, the panel issues this partial memorandum disposition resolving one issue presented on appeal.

Baker argues that the district court erred by ordering him to pay restitution to CUMIS Insurance Society (“CUMIS”). “A restitution order is reviewed for an abuse of discretion, provided that it is within the bounds of the statutory framework.” United States v. Marks, 530 F.3d 799, 811 (9th Cir.2008) (internal quotation marks omitted). Baker’s argument fails because the Mandatory Victim Restoration Act of 1996 specifically addresses restitution for insurers by providing:

18 U.S.C. § 3664 (j)(l). The statute is clear that the district court is required to order that Baker pay CUMIS for part of the loss. The district court did not abuse its discretion by ordering Baker to pay CUMIS.

We decline, for now, to reach the parties’ other issues.

The district court’s order is AFFIRMED IN PART. We retain jurisdiction over this appeal.

This…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.