Thurman

United States v. Thurman

Good Law
316 F. App'x 599
United States Court of Appeals for the Ninth CircuitMarch 4, 2009No. 08-10219California1,254 words

Opinion

Lead Opinion

MEMORANDUM ***

Charles Andrew Thurman appeals from a court order of restitution imposed after he pleaded guilty to failure to pay child support. Thurman argues the district court erred in (1) failing to deduct a pending lien from its award of restitution, and (2) refusing to order Nevada motor vehicle officials to reinstate his Nevada driver’s license.

We conclude Thurman waived his right to appeal the restitution order and the district court had no authority to order Nevada to reinstate Thurman’s driver’s license. Exercising jurisdiction under 28 U.S.C. § 1291 , we therefore AFFIRM.

I.

The parties are familiar with the facts and we need not repeat them here. In summary, Thurman was indicted for failure to pay a child support obligation in violation of 18 U.S.C. § 228 (a)(3) and mail fraud, in violation of 18 U.S.C. § 1341 . Thurman pleaded guilty to the child support charge, and entered a plea agreement.

In the plea agreement, Thurman acknowledged that “restitution is mandatory and the court must order restitution in an amount equal to the total support obligation as it exists at the time of sentencing.” He also “knowingly and willingly waive[d] his right to appeal any…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.