Yuson

MEMORANDUM

Defendant-appellant Lissa Yuson appeals her sentence for conspiracy to commit mail fraud, and aiding and abetting mail fraud in violation of 18 U.S.C. §§ 371 and 1341. On June 16, 1997, following a guilty plea pursuant to a plea agreement, Yuson was sentenced to thirty-three months imprisonment and three years supervised release. The district court also ordered Yuson to pay restitution in the amount of $430,272 as well as a $200 special assessment.

On March 18,1998, the government filed a motion to reduce Yuson’s sentence to time served in recognition of her “substantial assistance” to law enforcement. The district court granted the motion but ordered that the remaining terms of Yuson’s sentence, including the restitution payment, remain in place. Yuson has now completed her sentence and is currently serving her term of supervised release.

On appeal, Yuson asserts that: (1) the district court erred by failing to hold a hearing regarding the merits of her motion for substitution of counsel; and (2) the district court abused its discretion in determining the amount of restitution that she is required to pay. We agree.

On May 5, 1997, approximately six weeks prior to…