United States v. Rita Hunter , 549 F. App'x 587 ( 2013 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 13-2440
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Rita Frances Hunter
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Joplin
____________
Submitted: December 23, 2013
Filed: December 26, 2013
[Unpublished]
____________
Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges.
____________
PER CURIAM.
After Rita Hunter pleaded guilty to document fraud in violation of 18 U.S.C.
§§ 1001 and 2, the district court1 imposed a sentence of 12 months and 1 day in
1
The Honorable Dean Whipple, United States District Judge for the Western
District of Missouri.
prison and 3 years of supervised release, and ordered Hunter to pay $120,000 in
restitution. On appeal, Hunter’s counsel has moved to withdraw and has filed a brief
under Anders v. California, 386 U.S. 738 (1967), challenging the imposition of
restitution.
We conclude that the court did not plainly err in imposing restitution for the
uncontested amount of pecuniary loss to Medicaid, the victim of Hunter’s fraud. See
18 U.S.C. § 3663A(a)(1), (c)(1)(A)-(B); United States v. Schmidt, 675 F.3d 1164,
1167-69 (8th Cir. 2012) (“victims” owed restitution include governmental agencies);
United States v. Louper-Morris, 672 F.3d 539, 566 (8th Cir. 2012) (standard of
review).
Further, having independently reviewed the record under Penson v. Ohio, 488
U.S. 75, 80 (1988), we find no nonfrivolous issues. We therefore affirm the judgment
of the district court, and we grant counsel’s motion to withdraw.
______________________________
-2-