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No. 8644258
United States Court of Appeals for the Ninth Circuit
United States v. Moghaddam
No. 8644258 · Decided October 1, 2007
No. 8644258·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 1, 2007
Citation
No. 8644258
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Houman Backzadeh Moghaddam appeals from the district court’s order, issued following this court’s remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), that denied his request for resentencing on grounds of mootness. We have jurisdiction under 28 U.S.C. § 1291 . Moghaddam now challenges the restitution order. We affirm the district court’s order. It is clear from the record that the advisory nature of the Guidelines could not have materially affected the restitution order, because the district court relied on statutory authority independent of the Guidelines to impose it. See 18 U.S.C. §§ 2327 (a); 3663A(a)(l), (c)(l)(A)(ii), (c)(1)(B). Moreover, in Moghaddam’s pri- or appeal, we found no error with respect to the restitution order. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Houman Backzadeh Moghaddam appeals from the district court’s order, issued following this court’s remand pursuant to United States v.
Key Points
01MEMORANDUM ** Houman Backzadeh Moghaddam appeals from the district court’s order, issued following this court’s remand pursuant to United States v.
02Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), that denied his request for resentencing on grounds of mootness.
03It is clear from the record that the advisory nature of the Guidelines could not have materially affected the restitution order, because the district court relied on statutory authority independent of the Guidelines to impose it.
04Moreover, in Moghaddam’s pri- or appeal, we found no error with respect to the restitution order.
Frequently Asked Questions
MEMORANDUM ** Houman Backzadeh Moghaddam appeals from the district court’s order, issued following this court’s remand pursuant to United States v.
FlawCheck shows no negative treatment for United States v. Moghaddam in the current circuit citation data.
This case was decided on October 1, 2007.
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