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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHARLES WILLIAM JOHNSTON,
Defendant-Appellant.


No. 06-6397

Appeal from the United States District Court
for the Eastern District of Kentucky at Lexington.
No. 05-00038—Jennifer B. Coffman, Chief District Judge.
Submitted: January 13, 2010
Decided and Filed: February 11, 2010
Before: SUHRHEINRICH, COLE, and GILMAN, Circuit Judges.

_________________________
OPINION
_________________________

RONALD LEE GILMAN, Circuit Judge. Charles William Johnston pled guilty to mail fraud in connection with a fraudulent insurance scheme. Pursuant to the terms of his plea agreement, Johnston was sentenced to 25 months in prison and ordered to pay $1,000,000 in restitution. After Johnston failed to pay any of the restitution amount by the deadline provided in the plea agreement, the government filed a motion to resentence him pursuant to 18 U.S.C. § 3614. Finding that Johnston’s total failure to pay restitution by the deadline was willful, the district court resentenced him to 51 months in prison and ordered him to pay restitution for the full amount of the loss, jointly and severally with two of his codefendants, in excess of $6,600,000.

Johnston argues on appeal that the district court’s willfulness finding was in error. For the reasons set forth below, we AFFIRM the judgment of the district court.