United States v. Andres Soto

24 F.3d 252 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Andres SOTO, Defendant-Appellant. No. 93-50558. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. Decided May 4, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Andres Soto appeals the restitution order imposed as part of his 113-month sentence following pleas of guilty to bank robbery, in violation of 18 U.S.C. Sec. 2113 (a), and armed bank robbery, in violation of 18 U.S.C. Sec. 2113 (a)(d). Soto contends the district court clearly erred in finding he had the ability to pay $4,727 by the end of the five-year-period of supervised release he was sentenced to serve following his prison term. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. I. 3 On November 23, 1991, Soto robbed a bank in Westminster, California. On March 24, 1992, Soto robbed a bank in Rancho Cucamonga, California. During the second…