United States v. Burress
United States v. Burress
Opinion of the Court
MEMORANDUM
Ronald Wade Burress purports to appeal the district court’s restitution order following his conviction for one count of interstate transportation of stolen property in violation of 18 U.S.C. § 2314 and seven counts of money laundering in violation of 18 U.S.C. § 1956(a)(l)(B)(i) and 18 U.S.C. § 2. We affirm.
The district court’s judgment, which included its order of restitution, was final upon entry on June 21, 1999. See 18 U.S.C. § 3664(o) (providing that a sentence imposing an order of restitution is a final judgment notwithstanding the fact that the sentence can subsequently be corrected, amended, or modified under certain circumstances, including a motion under Fed.R.Crim.P. 35). Burress failed to move for relief under Fed.R.Crim.P. 35(c) or to timely appeal the judgment. See Fed. R.App. 4(b).
Nevertheless, on April 19, 2000, Burress sent a letter to the district court alleging that his outstanding restitution obligation was incorrect because the victim had already been compensated for its loss in various ways.
On appeal, Burress first attempts to challenge the legality of the district court’s restitution order, contending it violates the rule established in Hughey v.
Burress next raises several claims of ineffective assistance of counsel. We decline to address these contentions because the record is not sufficiently developed. See United States v. Pope, 841 F.2d 954, 958 (9th Cir. 1988) (holding that ineffective assistance claim is better pursued on collateral attack because it permits the defendant to develop a record as to what counsel did, why it was done, and what, if any, prejudice resulted).
Finally, Burress contends that the district court erred by not conducting an evidentiary hearing in response to Burress’s letters. We conclude that the district court did not abuse its discretion by not holding a healing, especially given that Burress did not request one. See United States v. Stein, 127 F.3d 777, 780-81 (9th Cir. 1997).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. The district court had earlier reduced Bur-ress’s restitution amount by approximately $3600 to account for some payments. Bur-ress did not file a timely notice of appeal from that order.
. We assume, without deciding, that the district court had jurisdiction to entertain Bur-ress’s request for an accounting, and that the district court's order is a final and appealable order over which we may take jurisdiction pursuant to 28 U.S.C. § 1291.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.