Opinion
No. 08-30074.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 28, 2008.
John P. Rhodes, FDMT-Federal Defenders of Montana, Missoula, MT, for Defendant-Appellant.
Michael S. Lahr, USHE-Office of the U.S. Attorney, Helena, MT, for Plaintiff-Appellee.
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, Chief District Judge, Presiding. D.C. No. 9:06-cr-00021-DWM.
Before: ALARCÓN, LEAVY, and TALLMAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Rose Brock-Davis appeals from the district court's restitution order following remand from this court's decision in United States v. Brock-Davis, 504 F.3d 991 (9th Cir. 2007). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Brock-Davis contends that the district court erred by ordering restitution under the Mandatory Victims Restitution Act of 1996 ("MVRA"), because an owner of a motel is not a victim under the MVRA, and because the imposition of restitution violated her Sixth Amendment rights. We have already addressed these contentions in United States v. Brock-Davis, 504 F.3d 991 (9th Cir. 2007), and therefore decline to address them again pursuant to the law of the case doctrine. See United States v. Scrivner, 189 F.3d 825, 827-28 (9th Cir. 1999).