United States v. Kimball Richards

MEMORANDUM

The United States (“Appellant”) appeals from an order of the district court granting Kimball Dean Richards’s (“Appellee”) motion to dismiss Appellant’s action to collect the restitution ordered by Appellee’s judgment of conviction. Appellant contends that the district judge erred by relying on the statute of limitations with respect to liability for restitution that was in effect at the time of Appellee’s conviction rather than the later amendment of the statute of limitations in effect at the time the district court granted Appellee’s motion. We have jurisdiction pursuant to 28 U.S.C. § 1291 and review questions of law regarding the application of restitution statutes de novo. United States v. Berger, 574 F.3d 1202, 1204 (9th Cir.2009). We assume familiarity with the record. We reverse and remand.

On April 30, 1990, Appellee was sentenced on multiple felony counts of bank fraud, mail fraud, and wire fraud. The judgment ordered a sentence of 15 years custody and also ordered restitution. Appellee was released from imprisonment on January 8,1999.

The government may enforce a judgment of restitution. 18 U.S.C. § 3613 (a). At the time the judgment was entered, pursuant…