United States v. Tori Swain

15 F.3d 1094 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tori SWAIN, Defendant-Appellant. No. 92-10424. United States Court of Appeals, Ninth Circuit. Argued and submitted May 14, 1993. Filed May 26, 1993. Withdrawn Jan. 26, 1994. Jan. 26, 1994. Filed Jan. 26, 1994. Before: REINHARDT, TROTT and RYMER, Circuit Judges. ORDER 1 The petition for rehearing is granted and the suggestion for rehearing en banc is denied as moot. The memorandum disposition and dissent filed on May 26, 1993, is withdrawn. A new disposition is filed concurrently herewith. 2 MEMORANDUM * 3 Tori Swain appeals an order of restitution imposed after her conviction of mail fraud in violation of 18 U.S.C. Secs. 2 and 1341. We remand. 4 Swain pleaded guilty to mail fraud. She admitted to falsely notarizing a deed of trust as part of a scheme to obtain a loan, in the name of an innocent third party, on overvalued property. The scheme resulted in a $180,000…