United States of America v. John Walter Temple

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN WALTER TEMPLE,
Defendant - Appellant.
No. 05-50120
D.C. No. 02-cr-00344-AHS
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Alicemarie H. Stotler, District Judge, Presiding
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
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
FILED
APR 15 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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05-50120 2
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.

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