United States Tenth Circuit

District court had jurisdiction to amend criminal judgment against appellant, to include restitution pursuant to 18 U.S.C. section 3664(d)(5), despite procedural errors, where proceedings provided the functional equivalent of the notice required, and defendant's request for continuance and evidentiary hearing tolled the time period for such an order.

Appellate Information

• Decided 04/25/2002
• Published 04/25/2002

Judges

• BALDOCK, Circuit Judge., Before HENRY, BALDOCK, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Judith A. Rosenstein, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant., David Williams, Assistant United States Attorney (Laura Fashing, Assistant United States Attorney and Norman C. Bay, United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee.