United States v. Season Hymas

MEMORANDUM

Defendant Season Hymas pleaded guilty to one count of misdemeanor theft from a financial institution in violation of 18 U.S.C. § 2113 (b). She appeals the district court’s order imposing restitution in the amount of $100,272.72. Reviewing for abuse of discretion, United States v. Booth, 309 F.3d 566 , 575 n. 6 (9th Cir.2002), we affirm the district court’s order.

Under the Mandatory Victims Restitution Act, 18 U.S.C. § 3663A, courts are directed to order restitution “in the full amount of each victim’s losses.” 18 U.S.C. § 3664 (f)(1)(A). When more than one defendant has contributed to the loss, courts have discretion to either “make each defendant liable for payment of the full amount [or] apportion liability among the defendants to reflect the level of contribution to the victim’s loss.” 18 U.S.C. § 3664 (h).

The district court properly exercised its discretion when it declined Defendant’s request to apportion restitution to reflect her low degree of culpability and responsibility for the victim’s loss. The court was aware that it had such discretion, but nonetheless found Defendant blameworthy with re spect to the offense for which she was charged. The reason the…