Henrie

United States v. Henrie

Good Law
177 F. App'x 677
United States Court of Appeals for the Ninth CircuitApril 19, 2006No. 05-30420California468 words

Opinion

lead Opinion

MEMORANDUM **

Having pleaded guilty to mail fraud under 18 U.S.C. § 1341 and money laundering under 18 U.S.C. § 1957 , Robert Dale Henrie appeals the district court’s order that he pay $157,635.57 in restitution. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 1

The district court did not err by ordering Henrie to pay restitution for accounting and legal expenses the victim incurred to investigate the scope of Henrie’s theft. See 18 U.S.C. § 3663A(b)(4) (mandating that defendants “reimburse ... victim[s] for ... expenses incurred during participation in the investigation or prosecution of the offense”); United States v. Gordon, 393 F.3d 1044, 1049, 1057 (9th Cir.2004) (upholding a restitution order requiring the defendant to reimburse the victim for an “internal investigation” the victim had launched “to determine the extent of the [defendant’s] embezzlement”).

Nor did the district court err by allowing the government to present evidence of the victim’s accounting and legal expenses for the first time at the defendant’s sentencing hearing. Ten days before sentencing, the government informed the court that, although it had not yet determined the amount of the…

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