Appeal from the United States District Court for the District of Arizona John M. Roll, District Judge, Presiding. D.C. No. CR-97-00339-JMR
Before: Procter Hug, Jr., Chief Judge, Betty B. Fletcher and Stephen S. Trott, Circuit Judges.
The opinion of the court was delivered by: Trott, Circuit Judge.
October 9, 1998--San Francisco, California
Samuel Crawford appeals from an order of restitution following his plea of guilty to involuntary manslaughter. The court sentenced Crawford to 15 months in prison and ordered him to pay $2,511.86 in restitution for the funeral expenses of his victim under the Victim Witness Protection Act, 18 U.S.C. SS 3663-64 (1985 & Supp. 1998) ("VWPA"). Crawford challenges the order of restitution on two grounds. First, he argues he was not properly informed during the plea colloquy that he was subject to an order of restitution, as required under Federal Rule of Criminal Procedure 11. Second, he argues he was entitled to a statutory "offset" for insurance payments received by the victim's family. We have jurisdiction pursuant to 28 U.S.C. S 1291, and we affirm the order of restitution.
On the evening of January 15, 1997, Samuel Crawford was driving his vehicle on the Tohono O'Odham Indian Reservation accompanied by his passenger and friend Joseph Francisco. Crawford's blood alcohol content was 0.124. While attempting to clear his glasses and windshield of fog, Crawford ran off the roadway and rolled the car. Francisco was thrown from the vehicle and died at the scene. Following the accident, Crawford's insurance paid $15,000 to Francisco's family.
Crawford pled guilty to involuntary manslaughter. He was sentenced to 15 months' imprisonment and ordered under the mandatory provisions of the VWPA to pay $2,511.86 in restitution for the funeral expenses of his victim.
During the plea proceeding, the district court failed to advise Crawford, as required under Federal Rule of Criminal Procedure 11, that he would be subject to an order of restitution following his plea of guilty. The district court did advise Crawford, however, that he was subject to a prison term of up to six years and a fine in ...