Burress

United States v. Burress

Good Law
40 F. App'x 526
United States Court of Appeals for the Ninth CircuitJune 17, 2002No. 01-30212; D.C. No. CR-98-00207-WLDCalifornia603 words

Opinion

Lead Opinion

MEMORANDUM **

Ronald Wade Burress purports to appeal the district court’s restitution order following his conviction for one count of interstate transportation of stolen property in violation of 18 U.S.C. § 2314 and seven counts of money laundering in violation of 18 U.S.C. § 1956 (a)(l)(B)(i) and 18 U.S.C. § 2 . We affirm.

The district court’s judgment, which included its order of restitution, was final upon entry on June 21, 1999. See 18 U.S.C. § 3664 (o) (providing that a sentence imposing an order of restitution is a final judgment notwithstanding the fact that the sentence can subsequently be corrected, amended, or modified under certain circumstances, including a motion under Fed.R.Crim.P. 35). Burress failed to move for relief under Fed.R.Crim.P. 35(c) or to timely appeal the judgment. See Fed. R.App. 4(b).

Nevertheless, on April 19, 2000, Burress sent a letter to the district court alleging that his outstanding restitution obligation was incorrect because the victim had already been compensated for its loss in various ways. 1 The district court construed the letter as a “motion for an order determining the amount of [Burress’s] restitution balance” and referred the…

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