No. 09-30072.

600 F.3d 1167 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Michael J. ANDREWS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2010.

Attorney(s) appearing for the Case

Matthew Campbell, Federal Defenders of Eastern Washington & Idaho, Spokane, WA, for the defendant-appellant.

Matthew F. Duggan, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.

Opinion by Judge ALARCÓN; Concurrence by Judge CLIFTON; Dissent by Judge ALARCÓN.

ALARCÓN, Senior Circuit Judge:1

Michael J. Andrews appeals from a restitution order imposed pursuant to the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 3663A, following his guilty plea to an assault resulting in serious bodily injury to Scott Bershaw in violation of 18 U.S.C. §§ 1151, 1153(a), 113(a)(6), (b)(2), and 1365(h)(3).2 Andrews contends the district court erred in ordering...

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