United States Court of Appeals,
Eleventh Circuit.
No. 94-6751
Non-Argument Calendar.
UNITED STATES of America, Plaintiff-Appellee,
v.
William Michael SCHRIMSHER, Defendant-Appellant.
April 20, 1995.
Appeal from the United States District Court for the Northern
District of Alabama. (No. CR-93-PT-263-NE), Robert B. Propst,
Judge.
Before TJOFLAT, Chief Judge, BIRCH and BLACK, Circuit Judges.
PER CURIAM:
Appellant challenges the sentences he received following a
plea of guilty to a charge of interstate transportation of a motor
vehicle. He presents three claims of error. We reject the first
two—dealing with the district court's calculation of the loss
caused by appellant's criminal activity and its treatment of
appellant's possession of two stolen vehicles (not cited as part of
the offense of conviction) as relevant conduct—because the findings
of fact on which the district court based its decision are not
clearly erroneous.
Appellant's third claim, however, has merit. In its order
requiring appellant to make restitution, the district court made
provision for the two vehicles not included in the offense of
conviction. The court was authorized to do that, under the 1990
amendment of the Victim and Witness Protection Act, 18 U.S.C. §§
3663-3664, "to the extent agreed to by the parties in a plea
agreement." United States v. Young, 953 F.2d 1288, 1289 (11th
Cir.1992); 18 U.S.C. § 3663(a). In this case, the parties' plea
agreement only provided that "[t]he court must/may consider
ordering restitution." The agreement did not require restitution;
nor did it specify the amount of any restitution that might be
ordered. Accordingly, the court was authorized only to order
restitution for the vehicle involved in the offense of conviction,
to-wit: a 1993 Toyota 4-Runner.
In sum, we reject appellant's first two challenges to his
sentence; given the clear merit of his third challenge, however,
we vacate the district court's restitution order and remand the
case for reconsideration of the amount of restitution appellant
should be required to make for the loss of the 1993 Toyota 4-
Runner.
AFFIRMED, in part; VACATED, in part, and REMANDED.