Opinion
No. 14-50152
09-28-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NICHOLAUS SAINT JAMES, a.k.a. Semaj Carter, a.k.a. DJ Necterr, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 5:13-cr-00031-JLQ MEMORANDUM Appeal from the United States District Court for the Central District of California
Justin L. Quackenbush, District Judge, Presiding
Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Nicholaus Saint James appeals the district court's judgment ordering $5,000 in restitution to Amos Wallace under 18 U.S.C. § 3663A. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Saint James contends that the district court erred by basing the award of restitution to Wallace on hearsay information contained in the presentence report ("PSR"). The parties dispute the standard of review but we need not decide that issue because under any standard, the district court did not err. Saint James did not object to information in the PSR concerning his fraud on Wallace. Thus, the district court properly relied on that information in ordering restitution. See United States v. Ameline, 409 F.3d 1073, 1085 (9th Cir. 2005) (en banc) (district court may rely on undisputed statements in the PSR at sentencing); United States v. Petty, 982 F.2d 1365, 1370 (9th Cir. 1993) (hearsay may be considered at sentencing as long as it bears "minimal indicia of reliability").
AFFIRMED.