U.S. v. Bania

Dist. Ct. did not err in denying defendant’s “Motion to Terminate” $900,936 restitution order in his mail fraud and theft convictions, where said order had been entered more than four years prior to said motion. While defendant argued that restitution order had not been properly calculated, defendant failed to file direct appeal from restitution order, and defendant’s current motion was otherwise untimely, since defendant had only 14 days to file either appeal from restitution order under Rule 4(b) or to file under Rule 35(a) any motion to correct his sentence