United States v. Brian Barnes

9 F.3d 1553 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Brian BARNES, Defendant-Appellant. No. 93-10166. United States Court of Appeals, Ninth Circuit. Submitted Oct. 20, 1993. * Decided Oct. 27, 1993. Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Brian Barnes appeals his three-year probationary sentence imposed following entry of a guilty plea to conspiracy to possess and utter counterfeit securities in violation of 18 U.S.C. § 371 . Barnes contends that the district court did not consider his ability to pay before imposing restitution in the amount of $37,940.00. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review for abuse of discretion an order of restitution that falls within the statutory limits of the Victim and Witness Protection Act of 1982 (VWPA). United States v. Mills, 991 F.2d 609, 611 (9th Cir.1993). 4 Under the VWPA, the district court has the…