United States Ninth Circuit

In a case challenging a 2007 order to pay restitution originally ordered in a 1987 conviction, judgment for the U.S. is affirmed where: 1) California Civil Procedure Code section 683.020, which precludes enforcement of restitution more than ten years after entry of judgment, is preempted by the Federal Debt Collection Procedures Act of 1990, which provides exclusive civil procedures for the US to collect on debts including restitution owed; and 2) defendant waived his right to appeal the restitution amount by not directly appealing the judgment.

Appellate Information

• Argued 02/12/2008
• Decided 09/17/2008
• Published 09/17/2008

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.