United States v. Shawn Christy

MEMORANDUM

Appellant Shawn Christy pled guilty to one count of harassing telephone calls in interstate commerce, in violation of 47 U.S.C. § 223 (a)(1)(D). The district court sentenced Christy to five years probation and ordered restitution to law firm employees totaling over $15,000 to be paid jointly and severally by Christy and his father. As a condition of probation, the court ordered Christy to reside in a community confinement center for up to 180 days. Christy appeals the restitution award, arguing that the district court’s award to individual attorneys is not supported by the evidence and that the court abused its discretion by failing to consider his financial position. Christy also appeals the probation condition, arguing that the district court gave the probation officer final authority to determine the length of time he must spend in community confinement, an impermissible delegation of Article III power. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a).

We review a restitution order for abuse of discretion, factual findings supporting an order of restitution for clear error, and the legality of an order of restitution de novo. United States v.…