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UNITED STATES of America, Plaintiff-Appellee, v. John Walter TEMPLE, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2010-04-15No. No. 05-50120
376 F. App'x 668

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Opinion

majority opinion

MEMORANDUM

John Walter Temple appeals from the restitution order imposed following his guilty-plea conviction for mail fraud and aiding and abetting, in violation of 18 U.S.C. §§ 2 and 1341. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Temple contends the district court erred by failing to acknowledge its discretion under 18 U.S.C. § 3664(h) to apportion liability between Temple and his co-defendant. The record shows that the district court did not err in this regard. See United States v. Booth, 309 F.3d 566, 576 (9th Cir.2002); see also United States v. Mills, 991 F.2d 609, 611-12 (9th Cir.1993). Further, the district court did not abuse its discretion by holding Temple jointly and severally liable with his co-defendant for the total amount of restitution. See Booth, 309 F.3d at 576; see also § 3664(h).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.