United States v. Gloria Zack

421 F. App'x 728

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 15, 2011
• Docket: 09-50660
• Status: Unpublished

Opinion

MEMORANDUM **

Gloria Zack appeals from the restitution order imposed following her guilty plea conviction for wire fraud, in violation of 18 U.S.C. §§ 1343 and 1346. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Zack contends that her restitution order violated the Eighth Amendment prohibition against excessive fines because it was grossly disproportionate to the crime committed. This argument lacks merit. See United States v. Dubose, 146 F.3d 1141, 1145 (9th Cir.1998) (“Where the amount of restitution is geared directly to the amount of the victim’s loss caused by the defendant’s illegal activity, proportionality is already built into the order.”)

Zack also contends that the government failed to provide facts to substantiate the amount of restitution ordered. The record reflects that the district utilized reliable evidence to resolve the dispute as to the proper amount of restitution by a preponderance of the evidence. See 18 U.S.C. § 3664(e); see also United States v. Waknine, 543 F.3d 546, 557 (9th Cir.2008).

Zack’s request for a remand for further hearing on the issue of restitution is denied. See United States v. Rice, 38 F.3d 1536, 1546 (9th Cir.1994).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.