United States v. Grizzle ( 1997 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60560
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH EDWARD GRIZZLE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:95-CR-37GR
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October 3, 1997
Before JONES, SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Kenneth Edward Grizzle appeals his conviction and sentence
for making false statements to obtain benefits under the
Longshore and Harbor Workers’ Compensation Act, in violation of
33 U.S.C. § 931. Grizzle challenges the sufficiency of the
evidence, the sufficiency of the indictment, the district court’s
determination of the applicable loss, and the court’s imposition
of restitution. Our review of the record and the arguments and
authorities convinces us that no reversible error was committed.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 96-60560
-2-
The evidence was not insufficient. See United States v. Ivey,
949 F.2d 759, 766 (5th Cir. 1991). The indictment sufficiently
informed Grizzle of the charges against him and of the elements
of the charged crime. See United States v. Fitzgerald, 89 F.3d
218, 221 (5th Cir.), cert. denied, 117 S. Ct. 446 (1996).
Grizzle has not shown that the district court clearly erred in
determining that the amount of the loss attributable to Grizzle’s
conduct amounted to $48,400. See United States v. Tedder, 81
F.3d 549, 550 (5th Cir. 1996). The district court did not abuse
its discretion by ordering Grizzle to pay $7,000 restitution in
35 equal monthly payments. See United States v. Reese, 998 F.2d
1275, 1282 (5th Cir. 1993).
AFFIRMED.