Schurig

MEMORANDUM *

Samuel H. Schurig appeals the district court’s order that he make restitution to one of his victims, Phyllis Carter. He had obtained a HUD-insured loan on her property and used a large part of the proceeds for himself. He was convicted of making false statements when he obtained the loan. 18 U.S.C. § 1010 . We affirm.

*834 (1) The government asserts that we do not have jurisdiction because in his plea agreement Schurig waived the right to appeal his sentence. The government is wrong. First, in the plea agreement Schurig did not expressly waive his right to appeal a restitution order. See United States v. Catherine, 55 F.3d 1462, 1464-65 (9th Cir.1995). Second, even if he did, an order which is not legal under the provisions of the Mandatory Victims Restitution Act, 18 U.S.C. § 3663A (MVRA), can be appealed. See United States v. Johnston, 199 F.3d 1015, 1022-23 (9th Cir.1999); United States v. Phillips, 174 F.3d 1074, 1076 (9th Cir.1999).

(2) Schurig asserts that the order under the MVRA was, indeed, illegal because Carter was not a direct victim of his crime. We do not agree. We accept the district court’s finding of fact that Carter was not only a victim, but also…