Summary
stating Defendant's "long history of dishonesty and ties outside... the United States provided an ample basis for denying his bail request."
Summary of this case from United States v. DadonOpinion
No. 12-10581 D.C. No. 1:04-cr-00222-SOM-1
2013-10-18
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN LEO CERIZO, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Hawaii
Susan Oki Mollway, Chief District Judge, Presiding
Submitted October 10, 2013
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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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 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