United States v. Temple

376 F. App'x 668

Opinion

MEMORANDUM **

John Walter Temple appeals from the restitution order imposed following his guilty-plea conviction for mail fraud and aiding and abetting, in violation of 18 U.S.C. §§ 2 and 1341. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Temple contends the district court erred by failing to acknowledge its discretion under 18 U.S.C. § 3664(h) to apportion liability between Temple and his co-defendant. The record shows that the district court did not err in this regard. See United States v. Booth, 309 F.3d 566, 576 (9th Cir.2002); see also United States v. Mills, 991 F.2d 609, 611-12 (9th Cir.1993). Further, the district court did not abuse its discretion by holding Temple jointly and severally liable with his co-defendant for the total amount of restitution. See Booth, 309 F.3d at 576; see also § 3664(h).

AFFIRMED.

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