Federal Deposit Insurance Corp. v. United Pacific Insurance Co‪.‬

Defendant Scott Gabriele pleaded guilty to one count of conspiracy, in violation of 18 U.S.C. 371, and two counts of making false statements to the Department of Housing and Urban Development, in violation of 18 U.S.C. 1001. In exchange for his plea the government dismissed the remaining counts of the indictment. He now appeals a restitution order made in conjunction with sentencing. He argues that (1) the district courts restitution order is in error because he was not informed of the possibility of restitution as required by Fed. R. Crim. P. 11(c)(1), and (2) the court abused its discretion in ordering restitution.