United States v. Howard B. Nicholls

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Howard B. NICHOLLS, Defendant-Appellant. No. 94-50012. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 27, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Howard B. Nicholls appeals the restitution and probation components of his pre-Guidelines sentence imposed following entry of a guilty plea to three counts of mail and wire fraud in violation of 18 U.S.C. Secs. 1341 and 1343. Nicholls contends that (1) the district court imposed the restitution amount without requiring the government to prove, by a preponderance of the evidence, the loss sustained by the victim and (2) the terms of probation restraining his future employment were impermissibly broad. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm in part, vacate in part, and remand. STANDARD OF REVIEW 3 We review the legality of a…