Opinion
No. 06-50654 Summary Calendar.
May 31, 2007.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
John F. Carroll, San Antonio, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas, USDC No. 5:05-CR-284-3.
Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
Bruno Alejandro, Jr., appeals his sentence following his guilty plea to one count of conspiracy to commit bank fraud. Alejandro argues that the district court abused its discretion by ordering him to pay restitution for the total amount of loss attributable to the conspiracy. We review an award of restitution for an abuse of discretion. United States v. Hughey, 147 F.3d 423, 436 (5th Cir. 1998) (citing United States v. Chaney, 964 F.2d 437, 451 (5th Cir. 1992)). The district court properly relied on the presentence report (PSR) which stated that Alejandro was involved "throughout the scheme" and "benefitted equally" with the two other leaders of the conspiracy. See United States v. Lghodaro, 967 F.2d 1028, 1030 (5th Cir. 1992). Accordingly, the district court did not abuse its discretion in ordering Alejandro to pay the full amount of the restitution order.
AFFIRMED.