United States v. Charles N. Ettien

76 F.3d 389 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles N. ETTIEN, Defendant-Appellant. No. 94-16474. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1995. * Decided Dec. 11, 1995. As Amended on Denial of Rehearing Feb. 22, 1996. Before: SNEED, TROTT, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Charles N. Ettien appeals pro se the district court's order denying in part his 28 U.S.C. § 2255 motion. Ettien contends that the district court impermissibly altered his sentence by requiring that he begin paying his restitution while in prison, and that the Bureau of Prisons (BOP) lacked authority to collect restitution from his prison wages. We have jurisdiction under 28 U.S.C. §§ 1291 , 2255. We affirm in part and vacate and remand in part. 3 At sentencing, the district court ordered restitution of $8,397.00, to be paid in installments as directed by the United States…