United States Second Circuit

Defendant's 5 year probabtion for bank larceny is affirmed where the court did not violate the Due Process Clause of the Fifth Amendment by extending the term of probation to five years on account of defendant's financial situation and current inability to pay restitution.

Appellate Information

• Decided 10/21/2003
• Published 10/21/2003

Judges

• KATZMANN, Circuit Judge., Before:  WINTER, CALABRESI, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Neil M. Barofsky, Assistant United States Attorney, for James B. Comey, United States Attorney for the Southern District of New York (Laura Grossfield Birger, Assistant United States Attorney, of counsel), for Appellee the United States., Colleen P. Cassidy, Legal Aid Society, Federal Defender Division, New York, New York, for Defendant-Appellant Kevin Johnson.