United States of America v. CURTIS MARK GEBERS, Jr.

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CURTIS MARK GEBERS, Jr.,
Defendant - Appellant.
No. 11-10455
D.C. No. 2:08-cr-00350-GMN
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Curtis Mark Gebers, Jr., appeals from the district court’s judgment and
challenges the $889,415.71 restitution order imposed as part of his sentence
following his guilty-plea conviction for failure to appear, in violation of 18 U.S.C.
FILED
MAR 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10455 2
§ 3146(a)(1). We dismiss.
Gebers contends that the district court abused its discretion when it ordered
$889,415.71 in restitution without explaining adequately its reasoning and
methodology. He also contends that the district court erroneously included losses
that were not attributable to his conduct. Gebers acknowledges that he waived the
right to appeal the restitution order, but he argues that the waiver was not knowing
because he lacked sufficient notice of the amount of restitution to be ordered. We
review de novo whether a defendant has waived his right to appeal. See United
States v. Watson, 582 F.3d 974, 981 (9th Cir. 2009).
Contrary to Gebers’s contention, his plea agreement specified a maximum
amount of restitution to be ordered, and the court imposed restitution in that
amount. We accordingly dismiss the appeal. See United States v. Blitz, 151 F.3d
1002, 1006 (9th Cir. 1998).
DISMISSED.

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