Ferrante

MEMORANDUM **

Robert A. Ferrante pleaded guilty to a two-count criminal information charging him with receiving an illegal kickback in violation of 18 U.S.C. § 1954 (“Kickback Count”) and filing a false income tax return in violation of 26 U.S.C. § 7206 (1) (“Tax Count”). We have jurisdiction under 28 U.S.C. § 1291 . We affirm the district court’s denial of Ferrante’s motion to withdraw his guilty plea. We also affirm the district court’s imposition of a four-month custodial sentence and a restitution order in the amount of $243,944.93.

Ferrante’s guilty plea to the Kickback Count was knowing, voluntary, and intelligent. See, e.g., United States v. Kaczynski, 239 F.3d 1108, 1114 (9th Cir.2001). The plea agreement and the plea colloquy demonstrate that Ferrante understood the government would have to prove that (1) he was an actor as defined by the statute, (2) he received one of the remunerations listed in the statute, and (3) he received the remuneration “because of’ his duties in conjunction with a pension plan. See 18 U.S.C. § 1954 . The plea agreement and the plea colloquy also demonstrate that Ferrante understood how the elements of 18 U.S.C. § 1954 properly applied to the…