United States v. Robert E. Desrochers

78 F.3d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert E. DESROCHERS, Defendant-Appellant. No. 94-50515. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 12, 1996. Decided Feb. 23, 1996. 1 Before: NORRIS and WIGGINS, Circuit Judges, and ILLSTON, * District Judge. 2 MEMORANDUM ** 3 On February 4, 1993, the government filed a three-count information against appellant Robert Desrochers, charging him with two counts of embezzling funds from his employees' pension plan in violation of 18 U.S.C. § 664 and one count of making a false statement in a Medicare cost report in violation of 42 U.S.C. § 1320a-7b. On February 3, 1993, Desrochers entered into a pre-indictment plea agreement with the government. On the same day, Desrochers entered into an agreement to settle the government's civil actions against him. Pursuant to that settlement agreement, Desrochers promised to repay $488,746.72…