Juvenile

United States v. Juvenile

Good Law
188 F. App'x 650
United States Court of Appeals for the Ninth CircuitJuly 7, 2006No. 05-10634California471 words

Opinion

Lead Opinion

MEMORANDUM **

Juvenile pled guilty to involuntary manslaughter, was sentenced to twelve months in custody, and ordered to pay restitution. Juvenile appeals the portion of the restitution order that requires her to pay $23,600 to the parents of the victim for the gas and food expenses they incurred when visiting their son, the victim, in the hospital as exceeding the authority of 18 U.S.C. § 3663 (2005). Juvenile also argues that the restitution order was based on insufficient evidence. We affirm the decision of the district court.

Juvenile’s waiver in her plea agreement of her right to appeal the entry of judgment, the imposition of sentence, or to make any collateral attack on the judg *652 ment or sentence, did not waive her right to challenge the legality of the restitution order. United States v. Phillips, 174 F.3d 1074, 1076 (9th Cir.1999). Furthermore, because the plea agreement was ambiguous with respect to the amount of restitution to be paid, Juvenile lacked adequate notice to waive her right to challenge the restitution order. United States v. Gordon, 393 F.3d 1044, 1050 (9th Cir.2004).

The district court properly permitted the parents of the victim to recover the…

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