United States v. Miguel Angel Presumido-Gomez

34 F.3d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Miguel Angel PRESUMIDO-GOMEZ, Defendant-Appellant. No. 93-50841. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 26, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Miguel Angel Presumido-Gomez appeals the district court's order that he pay $115,000 in restitution to the United States Department of Agriculture pursuant to his guilty plea to three counts of unlawful redemption of food stamps in violation of 7 U.S.C. Sec. 2024 (c). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 * Restitution orders are authorized by the Victim and Witness Protection Act of 1982, 18 U.S.C. Secs. 3663 , 3664. In determining whether to order restitution and the amount of restitution, a sentencing court considers "the amount of the loss sustained by any victim as a result of the offense, the…