United States Ninth Circuit

An order reinstating a 2001 "Order Imposing Payment Plan" on defendant, aimed at collecting the remaining amount of restitution owed from his sentence for mail fraud, is affirmed where defendant waived the right to appeal the amount of the restitution order by failing to timely file a direct appeal. Because the Victim Witness Protection Act (VWPA) does not express the intent that the federal government will be bound by state statutes of limitations in the enforcement of restitution judgments, and because neither that Act nor any other federal statute limits the time for enforcement of restitution judgments under the VWPA, the government may enforce against defendant the VWPA restitution judgment at any time.

Appellate Information

• Argued 02/12/2008
• Decided 03/20/2008
• Published 03/20/2008

Judges

• Before:  WILLIAM C. CANBY, JR., DAVID R. THOMPSON, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Patrick James Sullivan, Oakland, CA, for the defendant-appellant., Richard A. Friedman, United States Department of Justice, Washington, D.C., for the plaintiff-appellee.