United States v. Ellerbe, 4th Cir. (2008)
United States v. Ellerbe, 4th Cir. (2008)
No. 07-4477
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, District Judge.
(4:06-cr-00685-TLW)
Submitted:
August 8, 2008
Decided:
PER CURIAM:
John Ellerbe pled guilty, pursuant to a written plea
agreement, to theft by aiding and abetting a bank employee, in
violation of 18 U.S.C. 2, 656 (2000), and knowingly making a
false statement to a bank in connection with an application for an
automobile loan, in violation of 18 U.S.C. 1014 (2000).
district
court
sentenced
Ellerbe
to
twenty-eight
The
months
725, 732-34 (1993); United States v. Hughes, 401 F.3d 540, 547 (4th
Cir. 2005). Because the record establishes that the district court
adequately considered the factors as required under 3664(f)(2),
we conclude that Ellerbe cannot show error, let alone plain error,
in the district courts restitution order.
Karam, 201 F.3d 320, 330 (4th Cir. 2000) (district courts adoption
of presentence report that contained sufficient facts to support
restitution order avoided plain error).
We
dispense
with
oral
argument
Accordingly, we affirm.
because
the
facts
and
legal