United States v. Daren Palmer

MEMORANDUM

Daren L. Palmer appeals the district court’s order that he pay restitution in the amount of $29,842,731 to the victims of the wire fraud scheme to which he pled guilty. We affirm in part and dismiss in part.

(1) Because Palmer’s plea agreement did not spell out the amount of restitution with sufficient accuracy, he did not effectively waive his right to appeal the amount of restitution when he entered into that agreement. See United States v. Tsosie, 639 F.3d 1213, 1217-18 (9th Cir.2011); United States v. Gordon, 393 F.3d 1044, 1049-50 (9th Cir.2004); United States v. Phillips, 174 F.3d 1074, 1075-76 (9th Cir.1999); see also United States v. Harris, 628 F.3d 1203, 1205 (9th Cir.2011). Thus, we will proceed with that portion of his appeal.

(2) At sentencing, counsel expressly agreed that the amount in question was one with which “we do not have any issue,” and with which “we do not disagree.” That smacks of a waiver rather than a forfeiture of his restitution claim, but the government argues that we should review for plain error. We have done just that, and in light of the evidence before the district court, we discover no error, much less error that was plain.…