U.S. v. Hernandez

Defendant waived any argument on appeal of any issue regarding propriety of Dist. Ct.’s entry of $80,000 restitution order consisting of $10,000 payments to eight minor victims of defendant’s “sextortion” scheme involving defendant’s sexual exploitation of said minor victims. Waiver was appropriate, where defendant did not explicitly object to imposition of restitution order when given opportunity to do so, and record otherwise suggested that defendant’s silence on issue was result of unsuccessful sentencing strategy. Moreover, defendant waived Dist. Ct.’s subsequent amendment of judgment to add $30,000 to restitution order that reflected discovery of three more minor victims, where record showed that government’s motion requesting amendment of judgment to add additional restitution amount indicated that defendant did not object to motion, and defendant did not dispute his non-objection to government’s motion.