FILED
NOT FOR PUBLICATION APR 15 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-50120
Plaintiff - Appellee, D.C. No. 02-cr-00344-AHS
v.
JOHN WALTER TEMPLE, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Alicemarie H. Stotler, District Judge, Presiding
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
John Walter Temple appeals from the restitution order imposed following
his guilty-plea conviction for mail fraud and aiding and abetting, in violation of
18 U.S.C. §§ 2 and 1341. We have jurisdiction pursuant to 28 U.S.C. § 1291, and
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
we affirm.
Temple contends the district court erred by failing to acknowledge its
discretion under 18 U.S.C. § 3664(h) to apportion liability between Temple and his
co-defendant. The record shows that the district court did not err in this regard.
See United States v. Booth, 309 F.3d 566, 576 (9th Cir. 2002); see also United
States v. Mills, 991 F.2d 609, 611-12 (9th Cir. 1993). Further, the district court did
not abuse its discretion by holding Temple jointly and severally liable with his co-
defendant for the total amount of restitution. See Booth, 309 F.3d at 576; see also
§ 3664(h).
AFFIRMED.
2 05-50120