United States v. Johnnie Charles Linberg, Jr., AKA Michael Aaron Mellon

2 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Johnnie Charles LINBERG, Jr., aka Michael Aaron Mellon, Defendant-Appellant. No. 92-50719. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1993. Decided Aug. 2, 1993. Before GIBSON, * HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Johnnie C. Linberg, Jr., appeals his sentences and restitution order. He argues the district court erred in: (1) applying the 1992 Guidelines, because the 1988 Guidelines in effect when he completed the conduct charged in counts 3 and 4 of his indictment provided for a lesser punishment; and (2) ordering restitution (a) in an amount greater than the loss occasioned by conduct underlying the counts of conviction, and (b) without consideration of Linberg's ability to pay. We affirm. 3 I. Facts. 4 From August 14, 1989 to December 20, 1989 Linberg worked for The New England Insurance Company (New England) as…