United States v. Obet Lagumbay Ramilo

Appellant Obet Lagumbay Ramilo pled guilty to charges of wire fraud, interstate transportation of stolen property, and credit card fraud. The district court imposed concurrent sentences of thirty months imprisonment followed by three years supervised release. The district court also ordered Ramilo to pay $454,841.97 in restitution during the term of his supervised release. Ramilo challenges the restitution order.

Ramilo argues that in ordering him to pay nearly half of a million dollars in restitution during the three year period of supervised release, the district court failed to consider Ramilo’s financial resources and future ability to pay, and points out that his yearly income prior to his arrest was $30,000, that he and his wife have combined assets of $23,000, and that he has six dependent children.

I.

The sole response made by the United States in its brief is that Ramilo’s plea agreement precludes him from challenging the restitution order. The government relies on 18 U.S.C. § 3663 (a)(3) which authorizes a district court to order restitution “to the extent agreed-to by the parties in a plea agreement.”

We need not consider the effect of section 3663(a). It is clearly…