UNITED STATES v. WHITNEY

No. 85-5129.

785 F.2d 824 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard WHITNEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1986.


Attorney(s) appearing for the Case

Nancy Stock, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Richard Marmaro, Hochman, Salkin & DeRoy, Beverly Hills, Cal., for defendant-appellant.

Before FLETCHER, PREGERSON and CANBY, Circuit Judges.


PER CURIAM:

Bernard Whitney (Whitney) appeals the denial of his motion under Fed.R.Crim.P. 35(a) for correction of an illegal sentence. He argues that imposition of restitution as a probation condition was improper because the indictment counts to which he pleaded guilty did not state a specific dollar amount of actual damages, nor did the parties enter into a plea agreement that provided for restitution.

We reverse.

I. FACTS

In 1983, a federal...

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