United States v. Nolen

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40859
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT E. NOLEN,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
--------------------
Before JOLLY, DAVIS, and WIENER, Circuit Judges.
WIENER, Circuit Judge:
Before us following our second remand to the district court is that court’s
Order on Remand filed August 7, 2008, in which, following a hearing attended
by counsel for the government in person and by Defendant-Appellant via
telephone after waiving attendance in person and waiving representation by
counsel, the district court ordered restitution reimposed in the amount of
$223,509. We have again reviewed the record on appeal, the filings of the
parties, and the ruling of the district court on remand, as a result of which we
United States Court of Appeals
Fifth Circuit
F I L E D
September 25, 2008
Charles R. Fulbruge III
Clerk

-- 1 of 2 --

2
are satisfied that the proceeding in the district court satisfied the requirements
of due process and that the court’s reimposition of the restitution element of its
sentence is appropriate in all respects. Accordingly, Nolen’s sentence, including
restitution of $223,509, is
AFFIRMED.

-- 2 of 2 --