United States v. Alan Brooks

993 F.2d 885 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Alan BROOKS, Defendant-Appellant. No. 90-50510. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 14, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Alan Brooks appeals the district court's order of restitution after a jury trial. Brooks was convicted on five counts of mail and two counts wire fraud in violation of 18 U.S.C. §§ 1341 , 1343. Brooks contends that the district court erred by ordering him to pay restitution for offenses beyond the seven counts of conviction. We have jurisdiction under 28 U.S.C. § 1291 . We vacate and remand for resentencing. 3 "We review the legality of a criminal sentence, de novo. If the sentence complies with statutory requirements and limits, then we review if for an abuse of discretion." United States v. Snider, 957 F.2d 703, 705 (9th Cir.1992) (per…