United States v. Melody Redondo

FILED
NOT FOR PUBLICATION MAR 09 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-30203
Plaintiff - Appellee, D.C. No. 1:10-cr-00267-BLW
v.
MEMORANDUM *
MELODY C. REDONDO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Melody C. Redondo appeals from the restitution order imposed following
her guilty-plea conviction for making a false statement to a financial institution, in
violation of 18 U.S.C. § 1014. We have jurisdiction under 28 U.S.C. § 1291, and
*
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).
we affirm.
Redondo contends that the evidence was insufficient to support the amount
of restitution ordered because the district court failed to resolve a factual dispute at
sentencing and failed to justify its restitution calculation. Redondo did not object
to the amount of restitution before the district court. To the extent the district court
failed to resolve a factual dispute, the error was neither plain, nor did it affect
Redondo’s substantial rights. See United States v. Zink, 107 F.3d 716, 718 (9th
Cir. 1997). Furthermore, there was sufficient evidence and justification to support
the amount of restitution ordered. See id. at 719-20.
AFFIRMED.
2 11-30203