Submitted November 22, 2013
Appeal from United States District Court for the District of South Dakota - Rapid City.
For United States of America, Plaintiff - Appellee: Kevin Koliner, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Sioux Falls, SD.
For Martin Zaic, Defendant - Appellant: Gary G. Colbath, Jr., Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Rapid City, SD.
Martin Zaic, Defendant - Appellant, Pro se, Minneapolis, MN.
Before RILEY, Chief Judge, BRIGHT and KELLY, Circuit Judges.
KELLY, Circuit Judge.
Martin Zaic pled guilty to one count of failure to pay legal child support obligations, in violation of 18 U.S.C. § 228(a)(3). On December 21, 2012, the district court sentenced Zaic to 5 years probation and ordered him to pay $43,622.40 in restitution for child support arrearages. At Zaic's request, the district court continued the determination of additional restitution, holding another hearing on May 3, 2013. Following this hearing, the district court entered an amended judgment in which it granted $5,741.80 in additional restitution for the children's medical expenses. Zaic challenges this order for additional restitution on procedural grounds. We affirm.
Zaic and his former wife, Faith Lewis, had two children together, L.Z. and E.Z. Following their divorce in 2006, Lewis took custody of the children and Zaic was ordered to pay monthly support obligations in the amount of $512.00. Under this state child support order, Zaic was also required to pay his children's medical expenses as follows:
[A]ny medical costs in excess of $250.00 per year for each child that is not covered by insurance shall be apportioned between the parents in proportion to the support obligation of each parent. All medical costs not covered by insurance are to be divided between the parties as follows: Custodial Parent Faith Lewis -- 60% and the Non-Custodial Parent Martin Zaic -- 40%.
Child Support Order Ex. A at 2, No. 09-50010, ECF No. 27-1. Zaic failed to make these payments. In February 2009, he was indicted for failure to pay legal child support obligations, in violation of 18 U.S.C. § 228(a)(3). Zaic pled guilty to this charge in September 2012.
Probation prepared a Presentence Investigation Report (" PSR" ) in October 2012 in which it described the child support arrearages and indicated that Lewis had not yet submitted a Victim Impact Statement. On December 12, 2012, nine days before Zaic's sentencing hearing, Lewis submitted a Declaration of Victim Losses and a Victim Impact Statement to the probation officer. In the declaration, Lewis listed both health insurance payments and ...