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U.S. v. GIANELLI

No. 07-10233.

519 F.3d 962 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald J. GIANELLI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2008.

Attorney(s) appearing for the Case

Patrick James Sullivan, Oakland, California, for the defendant-appellant.

Richard A. Friedman, United States Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before WILLIAM C. CANBY, JR., DAVID R. THOMPSON, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

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.

Gianelli now appeals a May 2007 district court order reinstating an October 17, 2001

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