United States v. Vache Nercessian

45 F.3d 437 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Vache NERCESSIAN, Defendant-Appellant. No. 94-50229. United States Court of Appeals, Ninth Circuit. Submitted Dec. 8, 1994. * Decided Dec. 16, 1994. Before: BROWNING, GOODWIN, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Defendant Vache Nercessian pleaded guilty to wire fraud and conspiracy to commit wire fraud, in violation of 18 U.S.C. Secs. 1343 and 371. He now appeals his sentence of 37 months in custody and the order that he pay $679,510.64 in restitution. We affirm the sentence but vacate the restitution order and remand for further consideration of Nercessian's ability to make restitution. I. 3 Defendant was the controller and purchasing manager of the Chipp Club Corporation, a "bust out" scheme to buy computer equipment on phony lines of credit and to resell the equipment without paying for it. 4 Defendant was indicted on 25 counts and arrested. He…