United States v. Bernard Whitney

ORDER

The opinion published at 785 F.2d 824 (9th Cir.1986) is amended. Changes are made in the section, “II. Discussion” as follows:

A footnote is added following the first sentence in the second paragraph:

This case is not decided under the Victim Witness Protection Act (see particularly 18 U.S.C. § 3580 (d)) that sets forth in detail procedures for issuing orders of restitution. Its effective date was January 1, 1983. All of the acts alleged in the indictment occurred between 1977 and 1981.”

All paragraphs after the first three paragraphs in the section are deleted. The following is substituted:

“Our cases have held that the court will carry out a plea agreement that specifically determines the amount of restitution, provided the defendant freely and voluntarily consents to it, and the agreement has been fully explored in open court. Phillips v. United States, 679 F.2d 192, 194 (9th Cir.1982); see also [United States v.] Black, 767 F.2d [1334] at 1343 [(9th Cir.1985)]; [United States v.] Gering, 716 F.2d [615] at 623 [ (9th Cir.1983) ]; [United States v.] Orr, 691 F.2d [431] at 433 [ (9th Cir.1982) ]. At sentencing, Whitney submitted a memorandum that computed the actual…