United States v. Larry James Rich

81 F.3d 171 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Larry James RICH, Defendant-Appellant. No. 95-30114. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1996. Decided April 3, 1996. Before: REINHARDT, KOZINSKI, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 This case presents the question whether a judge may order restitution under 18 U.S.C. §§ 3663-64 for a scheme, conspiracy or pattern of activity that is not an element of the crime for which the defendant was convicted. We hold that he may not and accordingly reverse the restitution order insofar as it includes conduct that is not part of the crime of conviction. We affirm the remainder of the judge's restitution order. 3 The defendant, Larry Rich, pleaded guilty to one count of armed bank robbery under 18 U.S.C. § 2113 (a) for robbing the West One Bank in Portland on August 29, 1994. He also stipulated, as part of his…