United States Second Circuit

After a conviction for social security fraud, a restitution order is reversed where the district court did not determine defendant's ability to pay. It is not reversible error for a sentencing court to impose probation conditions without mentioning them orally at sentencing where the conditions clarify rather than conflict with the sentence.

Appellate Information

• Argued 05/07/2002
• Decided 03/03/2003
• Published 03/03/2003

Judges

• CARDAMONE, Circuit Judge., Before:  FEINBERG, KEARSE, and CARDAMONE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Steven M. Statsinger, New York, New York (The Legal Aid Society, Federal Defender Division, New York, New York, of counsel), for Defendant-Appellant., William F. Johnson, Assistant United States Attorney, New York, New York (Mary Jo White, United States Attorney, Celeste L. Koeleveld, Assistant United States Attorney, Southern District of New York, New York, New York, of counsel), for Appellee.