223521P.pdf   02/02/2024  United States  v.  Ronald Totaro
   U.S. Court of Appeals Case No:  22-3521
   U.S. District Court for the District of South Dakota - Southern   
   [PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Colloton, Circuit 
   Judge] 
   Criminal case - Criminal law. For the court's prior opinion in the case, 
   see U.S. v. Totaro, 40 F. App'x 321 (8th Cir. 2002), cert. denied, 537 
   U.S. 1141 (2003). Here Totaro, who was released from prison in March 2022, 
   appeals the district court orders increasing his month criminal 
   restitution payment obligation from $200 to $1000; the court based the 
   increase on 18 U.S.C. Sec. 3613A(a)(1) and not on 18 U.S.C. Sec. 3664(k), 
   and the court did not have to obtain certification from the Attorney 
   General to impose the increase; the district court properly considered the 
   discretionary factors set out in 18 U.S.C. Sec. 3613A(a)(2) in making the 
   decision.