United States v. Ata Dighlawi

MEMORANDUM

Appellant Ata Dighlawi (“Dighlawi”) appeals the district court’s order of restitution requiring him to pay restitution totaling $438,326.39 to the victims of his crime. Appellant also filed a Request for Judicial Notice for this court to take judicial notice of matters not otherwise included in the record on appeal — specifically the joint motion for amended judgment and the third amended judgment filed in the district court in United States v. Mohamad Esmail, CR 08-1412-PSG (C.D.Cal.)-whieh is granted. We have jurisdiction over Dighlawi’s appeal under 28 U.S.C. § 1291 , and we affirm the district court’s restitution order.

Dighlawi first contends that the district court abused its discretion by holding him fully liable for the victims’ losses instead of apportioning the restitution amount between the co-defendants based on varying levels of culpability. If a restitution order is within the bounds of the statutory framework, it is reviewed for an abuse of discretion. United States v. Fu Sheng Kuo, 620 F.3d 1158, 1162 (9th Cir.2010). The Mandatory Victim Restitution Act (“MVRA”) explicitly provides: “[i]f the court finds that more than 1 defendant contributed to the…