United States v. Richard Ortiz Savocchio

46 F.3d 1148 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Ortiz SAVOCCHIO, Defendant-Appellant. No. 93-50753. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1995. * Decided Jan. 23, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Richard Ortiz Savocchio appeals the district court's order imposing $1,980 restitution following his plea of guilty to armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a), (d). Savocchio complains that the record does not support the district court's implied finding that he has the ability to pay restitution. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 3 We review for abuse of discretion a restitution order that is within the statutory framework. United States v. Woodley, 9 F.3d 774, 780 (9th Cir.1993). Where, as here, a defendant has failed to raise his claim in the district court, we review for plain…