Circuit Watcher

07-10233 U.S. v. Gianelli
Before: William C. Canby, Jr., David R. Thompson, and Milan D. Smith, Jr., Circuit Judges.
THOMPSON, Senior Circuit Judge: In May of 1987, Ronald J. Gianelli (“Gianelli”) pleaded guilty to one count of mail fraud, 18 U.S.C. § 1341 (“mail fraud”), in the Northern District of California. As part of his sentence he was ordered to pay restitution to the federal government in the amount of $125,000. Gianelli did not appeal that judgment.
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Gianelli now appeals a May 2007 district court order reinstating an October 17, 2001 Order Imposing Payment Plan aimed at collecting the remaining amount of restitution owed. Gianelli contends that the government is barred from enforcing the restitution judgment because ten years from the date of that judgment passed on May 13, 1997, and California state law precludes enforcement of a judgment after that period of time. He further argues that the original $125,000 restitution amount was improper because it was not predicated upon the government’s actual loss, as required by Hughey v. United States, 495 U.S. 411 (1990).
We have jurisdiction under 28 U.S.C. § 1291. We conclude that Gianelli waived the right to appeal the amount of the restitution order by failing to file a direct appeal, and we affirm the district court’s May 1, 2007 order reinstating the October 17, 2001 payment plan. … U.S. v. Gianelli.