United States v. Tynae K. Lester, Also Known as Gabriel Quiles

200 F.3d 1179

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 7, 2000
• Docket: 98-4153
• Status: Published

Opinions

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Tynae K. Lester appeals from an order directing him to pay restitution in the amount of $138,041.40. We decline to review Mr. Lester’s arguments because in his plea agreement with the government he specifically undertook “to pay any restitution ordered by the District Court.” We have held several times that a defendant’s agreement to pay the restitution that a district court orders is binding. See, e.g., United States v. Williams, 128 F.3d 1239, 1240 (8th Cir.1997), and United States v. Marsh, 932 F.2d 710, 713 (8th Cir.1991). Such agreements are in fact specifically authorized by statute: 18 U.S.C. § 3663(a)(3) states that “[t]he court may ... order restitution in any criminal case to the extent agreed to by the parties in a plea agreement.”

Because Mr. Lester’s agreement bars this appeal, we affirm the judgment of the district court.