United States v. Yijun Zhou

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-50288 Plaintiff-Appellee, D.C. No. v. 2:13-cr-00766-PSG-

YIJUN ZHOU,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, District Judge, Presiding

Argued and Submitted April 6, 2016 Pasadena, California

Filed August 10, 2016

Before: A. Wallace Tashima, Barry G. Silverman, and Susan P. Graber, Circuit Judges.

Opinion by Judge Graber; Dissent by Judge Tashima SUMMARY*

Criminal Law

The panel affirmed the district court’s restitution order in a case in which the defendant, who pled guilty to unauthorized use of access devices, used fraudulent credit cards at a Target store in Colorado and at Nordstrom stores in California.

The defendant argued for the first time on appeal that because the offense of conviction covered only the Nordstrom charges, and the Mandatory Victims Restitution Act of 1996 (MVRA) authorizes restitution only to victims of the offense, the district court erred by awarding restitution to victims of…