USA V. NICHOLAUS JAMES, No. 14-50152 (9th Cir. 2015)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 28 2015 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, v. U.S. COURT OF APPEALS No. 14-50152 D.C. No. 5:13-cr-00031-JLQ MEMORANDUM* NICHOLAUS SAINT JAMES, a.k.a. Semaj Carter, a.k.a. DJ Necterr, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Justin L. Quackenbush, District Judge, Presiding Submitted September 21, 2015** Before: REINHARDT, LEAVY, and BERZON, Circuit Judges. 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. * 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). 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. 2 14-50152

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