United States Ninth Circuit

In a conviction of defendant for mail fraud and money laundering, district court's imposition of a prison sentence longer than the one proposed by the parties in the plea agreement and in excess of the range recommended by the sentencing guidelines is affirmed where: 1) the district court did not err by failing to provide notice under Rule 32(h) of the Federal Rules of Criminal Procedure, as this notice is not required when varying a sentence based on section 3553(a) factors; and 2) the district court did not err in relying on defendant's inability to pay restitution by considering the financial impact his crimes had on his victims.

Appellate Information

• Decided 07/20/2012
• Published 07/20/2012

Judges

• Clifton

Court

• United States Ninth Circuit

Counsel