United States v. Laszlo Pomazi

Pursuant to a plea bargain, Laszlo Poma-zi (“Pomazi”) pleaded guilty to a Second Superseding Information (“Information”) charging him with two counts of mail fraud ( 18 U.S.C. § 1341 ). On Count 1, the district court sentenced Pomazi to two years imprisonment and ordered him to make restitution of $64,229. On Count 2, the court placed Pomazi on five years’ probation. One of the conditions of probation was that Pomazi pay the $64,229 ordered on Count 1. Pomazi appeals from his sentence on the grounds that (1) the court failed to inform him about the possibility of restitution prior to entering his plea; (2) the district court erred in ordering restitution when no specific dollar amount of loss was alleged in the Information and his plea bargain was silent as to restitution; and (3) the government breached its plea agreement by recommending that restitution be paid. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I

FACTS

Pomazi pleaded guilty to conducting a typical “boiler room” operation. The scheme operated essentially as follows: Po-mazi and one or two cohorts would contact by telephone owners of small businesses located outside California and falsely advise them…