United States v. Swinton Phillip

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Swinton PHILLIP, Defendant-Appellant. No. 93-50675. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 17, 1994. Before: TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Swinton Phillip appeals his pre-United States Sentencing Guidelines sentence imposed following entry of a guilty plea to misapplication of bank funds in violation of 18 U.S.C. Sec. 656 . Phillip contends the district court erred by ordering him to pay $134,411.25 in restitution because he does not have the ability to pay the restitution. We have jurisdiction under 28 U.S.C. Sec. 1291 and 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, 18 U.S.C. Secs. 3663-64 (VWPA). United States v. Mills, 991 F.2d 609, 611 (9th Cir.1993). We review for…