United States v. Pymm ( 2000 )


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  •                  IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 00-40350
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee
    v.
    TRECIA M. PYMM
    Defendant - Appellant
    --------------------
    Appeal from the United States District Court
    for the Eastern District of Texas
    USDC No. 1:99-CR-131-1
    --------------------
    October 10, 2000
    Before KING, Chief Judge, and SMITH and PARKER, Circuit Judges.
    PER CURIAM:*
    Trecia M. Pymm appeals the district court’s order that she
    make restitution to the Texas Department of Human Services in the
    amount of $21,115.88.    She contends that the total restitution
    amount, although not the schedule of payments, is erroneous.         She
    argues that the restitution amount should be limited to $3956.32,
    the amount set forth the in counts 5 through 9 of indictment.
    The Government clarifies in this court that in the plea agreement
    it intended to limit the total amount of restitution to $3956.32,
    the amount set forth in the indictment.       See United States v.
    *
    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    that this opinion should not be published and is not precedent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. 00-40350
    -2-
    Arnold, 
    947 F.2d 1236
    , 1237-38 (5th Cir. 1991); United States v.
    Stout, 
    32 F.3d 901
    , 904-05 (5th Cir. 1994).
    Thus, that portion of the judgment ordering that Pymm pay a
    total of $21,115.88 in restitution is VACATED and the case
    REMANDED for resentencing as to the amount of restitution
    ordered.    The judgment of the district court otherwise is
    AFFIRMED.
    

Document Info

Docket Number: 00-40350

Filed Date: 10/12/2000

Precedential Status: Non-Precedential

Modified Date: 4/18/2021