U.S. v. JOHNSON

No. 08-10029. Non-Argument Calendar.

541 F.3d 1064 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus Aurelius JOHNSON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 28, 2008.


Attorney(s) appearing for the Case

Brian Mendelsohn and Stephanie Kearns, Fed. Pub. Defenders, Fed. Def. Program, Inc., Atlanta, GA, for Johnson.

Michael Herskowitz, Amy Levin Weil, U.S. Atty., Atlanta, GA, for U.S.

Before TJOFLAT, BLACK and WILSON, Circuit Judges.


WILSON, Circuit Judge:

Marcus Aurelius Johnson ("Johnson") appeals the district court's order of restitution on the sole ground that it was imposed 39 months after his sentence was imposed, well past the 90-day period required by 18 U.S.C. § 3664(d)(5). The government moves to dismiss because Johnson knowingly and voluntarily executed an appeal waiver as part of his plea agreement. For the reasons set forth below, we grant the government's motion to dismiss....

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