U.S. v. Rodriguez-Aguirre, (10th Cir. 2006)

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UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

GABRIEL RODRIGUEZ-AGUIRRE,

Defendant - Appellant.

No. 06-2117

(D.C. No. CR-92-486 JC)

(District of New Mexico)

ORDER AND JUDGMENT
name="txt*">(*)

Before KELLY, HENRY and TYMKOVICH, Circuit

Judges.

After examining the briefs and appellate record, this panel has

determined unanimously that oral argument would not materially assist the

determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R.

34.1(G). The case is therefore ordered submitted without oral argument.

This is an appeal from an order of the district court denying the

defendant's "Ex Parte Motion Requesting That Fine Payments Be Paid

Direct To The Court." We affirm.

In the district court, the defendant requested that he be allowed to

make his quarterly payments directly to the court because he is unable to

work in prison because of medical restrictions. The district court denied

the motion.

On appeal, the defendant challenges the imposition of a four million

dollar fine as part of his sentence. Because he did not raise this issue

before the district court, we will not address it. "Absent compelling

reasons, [this court will] not consider arguments that were not presented to

the district court." Crow v. Shalala, 40 F.3d 323, 324 (10th Cir. 1994).

This rule applies in criminal as well as civil appeals. See United States v.

Eastteam, 426 F.3d 1301, 1303 n.2 (10th Cir. 2005) ("Because this

argument was not properly preserved, we will not address it on appeal.")

(citing to Crow).

There is no reason present here to deviate from this general rule. The

defendant had ample opportunity to challenge the imposition of the fine

both in his direct appeal and in his § 2255 motion.

AFFIRMED. The government's motion to dismiss is

DENIED.

Entered for the Court

Per Curiam

FOOTNOTES

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*.This order and judgment is not binding

precedent, except under the

doctrines of law of the case, res judicata and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an

order and judgment may be cited under the terms and conditions of 10th

Cir. R. 36.3.

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