United States of America v. Stacy Johnson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
STACY JOHNSON,
Defendant - Appellant.
No. 13-10466
D.C. No. 2:10-cr-00190-GMN
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, Chief Judge, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Stacy Johnson appeals from the district court’s judgment and challenges the
restitution order imposed as a special condition of supervised release, following
her jury-trial conviction for embezzlement, in violation of 29 U.S.C. § 501(c), and
falsifying union records, in violation of 29 U.S.C. § 439(c). We have jurisdiction
FILED
JUN 26 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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under 28 U.S.C. § 1291, and we affirm.
Johnson challenges the special condition of supervised release which
requires that she pay $6,000 in restitution at a rate of $500 per month. Johnson
contends that this condition is greater than necessary and unreasonable in light of
her financial circumstances. We review for abuse of discretion, see United States
v. Batson, 608 F.3d 630, 632-33 (9th Cir. 2010), and find none. The restitution
order is reasonably related to the goals of deterrence and providing just
punishment, and it does not involve a greater deprivation of liberty than is
reasonably necessary. See 18 U.S.C. §§ 3563(b)(2) and 3583(c), (d); Batson, 608
F.3d at 636-37 (district court may order, as a condition of supervised release,
restitution in the amount of loss caused by the offense of conviction).
AFFIRMED.
13-10466 2

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