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.
United States Court of Appeals, Ninth Circuit.
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.
In 1983, a federal...
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