Is a defendant required to pay restitution as part of his sentence?

The law is well-settled that a defendant may be ordered to pay restitution, as part of his sentence, to victims who incurred losses as a result of his criminal offense. See 18 U.S.C. Sec. 3579; United States v. Tyler, 767 F.2d 1350, 1351 (9th Cir.1985). In addition, the amount of the loss caused need not be set forth in the indictment or plea agreement. See Phillips v. United States, 679 F.2d 192, 193-94 (9th Cir.1982) (district court has power to order defendant to pay amount of restitution, as condition of probation, regardless of whether contained in plea agreement, so long as payment is to be made within five-year probationary period). ³

Page 1184