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No. 8647340
United States Court of Appeals for the Ninth Circuit
United States v. Napier
No. 8647340 · Decided January 24, 2008
No. 8647340·Ninth Circuit · 2008·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
January 24, 2008
Citation
No. 8647340
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Johnny Lee Napier appeals from the restitution order imposed for fraudulently obtaining, converting, and misapplying federal grant funds in violation of 18 U.S.C. § 666 (a)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Napier contends that his restitution order should be vacated and the case remanded because his attorney was ineffec *577 tive by failing to object to the fact that the district court used dismissed counts to calculate the amount of restitution owed. Because the record is not sufficiently developed, we decline to consider this issue on direct appeal. See United States v. McKenna, 327 F.3d 830, 845 (9th Cir.2003). 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 ** Johnny Lee Napier appeals from the restitution order imposed for fraudulently obtaining, converting, and misapplying federal grant funds in violation of 18 U.S.C.
Key Points
01MEMORANDUM ** Johnny Lee Napier appeals from the restitution order imposed for fraudulently obtaining, converting, and misapplying federal grant funds in violation of 18 U.S.C.
02Napier contends that his restitution order should be vacated and the case remanded because his attorney was ineffec *577 tive by failing to object to the fact that the district court used dismissed counts to calculate the amount of restitut
03Because the record is not sufficiently developed, we decline to consider this issue on direct appeal.
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Johnny Lee Napier appeals from the restitution order imposed for fraudulently obtaining, converting, and misapplying federal grant funds in violation of 18 U.S.C.
FlawCheck shows no negative treatment for United States v. Napier in the current circuit citation data.
This case was decided on January 24, 2008.
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