United States v. John Cerizo , 542 F. App'x 641 ( 2013 )

FILED
NOT FOR PUBLICATION OCT 18 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10581
Plaintiff - Appellee, D.C. No. 1:04-cr-00222-SOM-1
v.
MEMORANDUM*
JOHN LEO CERIZO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Hawaii
Susan Oki Mollway, Chief District Judge, Presiding
Submitted October 10, 2013**
Honolulu, Hawaii
Before: KOZINSKI, Chief Judge, FISHER and WATFORD, Circuit Judges.
1. A district court may order restitution as part of supervised release, see 18
U.S.C. § 3563, and adjust a restitution payment schedule in light of changes in the
“defendant’s economic circumstances,” 18 U.S.C. § 3664(k). The district court
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
didn’t abuse its discretion by requiring Cerizo to pay his underinsured motorist
insurance award and unclaimed life insurance award towards restitution as a
condition of his supervised release. See United States v. Watson, 582 F.3d 974,
981 (9th Cir. 2009).
2. Cerizo’s claim that the district court erred in denying him bail pending
his supervised release hearing is moot. Even if it were not, Cerizo’s long history of
dishonesty and ties outside Hawaii and the United States provided an ample basis
for denying his bail request. See United States v. Garcia, 340 F.3d 1013, 1015 (9th
Cir. 2003).
AFFIRMED