United States v. Richard De Gallegos

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard de GALLEGOS, Defendant-Appellant. No. 93-50478. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1994. Decided Dec. 15, 1994. Before: SCHROEDER, FLETCHER and THOMPSON, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Richard de Gallegos appeals the district court's denial of his Rule 35 motion to modify his sentence. Because the original sentence was proper and the denial of modification was not an abuse of discretion, we affirm. DISCUSSION 3 The district court ordered de Gallegos to pay restitution to the ten victims named in the indictment, even though he pleaded guilty to counts that referenced only one of those victims. De Gallegos correctly notes that Hughey v. United States, 495 U.S. 411 (1989), precludes such a restitution order under the Victim and Witness Protection Act, 18 U.S.C. Sec. 3663 . 1 Such a restitution order was…