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U.S. v. FERRIS, 18-4242. (2018)

Court: Court of Appeals for the Fourth Circuit Number: infco20181019322 Visitors: 6
Filed: Oct. 17, 2018
Latest Update: Oct. 17, 2018
Summary: UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Edward Lavon Ferris appeals the district court's amended judgment in a criminal case ordering restitution. In the original judgment, the district court deferred its final determination of restitution for 90 days. After the 90-day period expired, the district court granted the Government's motion for a final amended judgment. On appeal, Ferris contends that the district court lacked authority to issue th
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UNPUBLISHED

Unpublished opinions are not binding precedent in this circuit.

Edward Lavon Ferris appeals the district court's amended judgment in a criminal case ordering restitution. In the original judgment, the district court deferred its final determination of restitution for 90 days. After the 90-day period expired, the district court granted the Government's motion for a final amended judgment. On appeal, Ferris contends that the district court lacked authority to issue the amended judgment ordering restitution, because it had waited too long in doing so. We affirm.

"We review restitution ordered generally for abuse of discretion, but `assess de novo any legal questions raised with respect to restitution issues, including matters of statutory interpretation.'" United States v. Diaz, 865 F.3d 168, 173 (4th Cir. 2017) (citation omitted). The district court determined that Ferris' arguments were without merit based on Dolan v. United States, 560 U.S. 605, 608, 611 (2010). We have reviewed the record and the parties' arguments, and we agree with the district court.

Accordingly, we affirm the district court's judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

Source:  Leagle

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