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U.S. v. JACKSON

No. 99-50302.

229 F.3d 1223 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. James JACKSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 12, 2000.

As Amended November 7, 2000.

Attorney(s) appearing for the Case

Kenneth Kahn, Los Angeles, California, and Kenneth M. Stern, Woodland Hills, California, for the appellant.

David C. Scheper and David Vaughn, Office of the U.S. Attorney, Los Angeles, California, for the appellee.

Before: HARRY PREGERSON, WILLIAM A. FLETCHER, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted September 12, 2000 — Pasadena, California

W. FLETCHER, Circuit Judge:

This case presents the question whether, as part of a criminal sentence, a district court may order that undistributed funds from a pension plan covered by the Employee Retirement Income Security Act ("ERISA") be used to make immediate payment of restitution. We hold that unless the crime involved the ERISA pension plan in question and restitution is ordered to...

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