United States Second Circuit

A presumption of harmlessness applies to the district court's failure to timely identify victims' losses as required for mandatory restitution pursuant to 18 U.S.C. section 3663A. In resentencing with respect to restitution, the court may conduct such inquiry as is necessary to determine the amount of each identifiable victim's losses.

Appellate Information

• Decided 02/04/2004
• Published 02/04/2004

Judges

• RAGGI, Circuit Judge., Before:  KEARSE, McLAUGHLIN, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Lee J. Freedman, Assistant United States Attorney, Eastern District of New York (Roslynn R. Mauskopf, United States Attorney;  Emily Berger, Assistant United States Attorney, of counsel) Brooklyn, New York, for Appellee., Richard D. Willstatter, Green & Willstatter, White Plains, New York, for Defendant-Appellant.