Pirtle
United States v. Pirtle
Opinion
Lead Opinion
MEMORANDUM *
Defendant-Appellant Simone Nicole Pirtle appeals from her conviction of one count of misappropriation of postal funds, in violation of 18 U.S.C. § 1711 , and two counts of making criminal false statements, in violation of 18 U.S.C. § 1001 . On appeal, Pirtle alleges that the district court erred in (1) denying her motion to suppress certain incriminating statements Pirtle made to her supervisor at the post office; and (2) calculating the amount of restitution to be paid by Pirtle under 18 U.S.C. § 3663A. We review a district court’s denial of a motion to suppress on the basis of an alleged Miranda violation de novo. United States v. Cervantes-Flores, 421 F.3d 825, 829 (9th Cir.2005). We review the legality of a restitution order under 18 U.S.C. § 3663 de novo and the amount of restitution ordered for an abuse of discretion. United States v. Phillips, 367 F.3d 846, 854 (9th Cir.2004). Pirtle’s Motion To Suppress
At the time of the conduct that gave rise to her conviction, Pirtle was a window clerk at the Alameda Station Post Office. On August 19, 2002, as Pirtle returned to work from her lunch break, she was met by three Postal Inspectors. The inspectors took her…