United States v. Donald Shipman

101 F.3d 706 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald SHIPMAN, Defendant-Appellant. No. 95-50243. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1996. * Decided Nov. 15, 1996. Before: BRUNETTI, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Donald Shipman appeals his sentence following his guilty plea to misprision of a felony, in violation of 18 U.S.C. § 4 . Because Shipman's plea agreement explicitly stated that the restitution order would not be restricted to the amounts alleged in the count to which he pled guilty, the district court's restitution order did not constitute an illegal sentence. See 18 U.S.C. § 3663 (a)(3) ("The court may ... order restitution in any criminal case to the extent agreed to by the parties in a plea agreement."); United States v. Soderling, 970 F.2d 529, 532-33 (9th Cir.1992) (holding that defendant may agree to restitution for losses caused by…