UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                   No. 96-4187

GERALD V. MORGAN,
Defendant-Appellant.

Appeal from the United States District Court
for the Western District of North Carolina, at Asheville.
Lacy H. Thornburg, District Judge.
(CR-P6221350, CR-P6221351)

Submitted: June 11, 1996

Decided: August 12, 1996

Before WIDENER and LUTTIG, Circuit Judges,
and BUTZNER, Senior Circuit Judge.

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Affirmed and remanded by unpublished per curiam opinion.

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COUNSEL

Robert B. Long, Jr., LONG, PARKER & WARREN, P.A., Asheville,
North Carolina, for Appellant. Mark T. Calloway, United States
Attorney, Thomas R. Ascik, Assistant United States Attorney, Ashe-
ville, North Carolina, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

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OPINION

PER CURIAM:

Gerald V. Morgan appeals from the district court's order affirming
the judgment of the magistrate judge. Pursuant to 28 U.S.C.A. § 636
(West 1993), Morgan waived his right to trial before the district court
and consented to trial by a magistrate judge. Morgan pleaded guilty
to construction of a road across National Park property, in violation
of 36 C.F.R. § 5.7 (1995), and the destruction of natural resources by
cutting down twenty trees, in violation of 36 C.F.R.§ 2.1(a)(1)(ii)
(1995). At the sentencing hearing the magistrate judge sentenced
Morgan to serve two years probation, to pay a fine of $2,500 for each
offense, pay a $10 assessment fee for each offense, and ordered him
to pay restitution of $63,400 as replacement value of the cut trees,
$3,100* for site repair and $1,038 for personnel costs. Morgan argues
that the magistrate judge failed to make clear, specific, and explicit
factual findings in support of the restitution order and erroneously
included assets belonging to his family members in determining his
ability to pay. In determining restitution, the magistrate judge relied
on the testimony of the government's witnesses to ascertain the loss
suffered by the government and Morgan's own testimony as to his
financial condition. Upon reviewing the record for abuse of discretion
we find that there was no abuse of discretion. See United States v.
Granado, 72 F.3d 1287, 1294 (7th Cir. 1995) (considering assets
titled in other than defendant's name in determining ability to pay
fine). Accordingly, we affirm and remand for correction of the cleri-
cal mistake in the judgment. We dispense with oral argument because
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*The judgment signed by the magistrate judge shows that Morgan was
ordered to pay $3,400 for site repair, but the record shows that the magis-
trate judge ordered Morgan to pay $3,100 for this purpose. The district
court, in its memorandum and order, noted this discrepancy and affirmed
the $3,100 figure. Although we affirm, we remand for correction of the
clerical mistake which awards judgment in the incorrect amount of
$3,400 instead of the correct amount of $3,100. See Fed. R. Crim. P. 36.

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the facts and legal contentions are adequately presented in the materi-
als before the court and argument would not aid the decisional pro-
cess.

AFFIRMED AND REMANDED

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