United States Court of Appeals, Ninth Circuit.
BEEZER, Circuit Judge:
Joseph Youpee appeals the dismissal of his motion to vacate the restitution element of his sentence.
Youpee's motion, which characterized the relief he sought as available under Fed.R.Crim.P. 35(b), was filed more than 120 days after the imposition of his sentence. The district court dismissed the motion on the basis of an untimely filing and did not address the restitution issues on the merits.
We uphold the restitution provisions...
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