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United States v. Salas-Fernández

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Before Lipez, Selya and Howard, Circuit Judges.

As framed by the parties, this appeal poses two questions. The first concerns the preclusive effect, if any, of a waiver-of-appeal provision with respect to an order for restitution. The second concerns the appropriateness of the order itself. We bypass the first question and uphold the order on the merits.

The background events are easily recounted. On March 20, 2008, defendant-appellant Edgardo Salas-Fernández pleaded guilty to counts charging him with violations of 18 U.S.C. §§ 1951(a) and 924(c)(1)(A)(ii), respectively. His plea entailed an admission that he had taken part in the armed robbery of a Loomis-Fargo bank truck, using a firearm and threats of violence.

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