United States Second Circuit

Where the court did not consider defendant's ability to pay restitution in connection with her conviction of a single count of social security fraud in violation of 42 U.S.C. - 1383a(a)(4), the conviction is vacated.

Appellate Information

• Argued 05/07/2002
• Decided 03/04/2003
• Published 03/04/2003

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.