United States Second Circuit

Defendant's conviction for willfully failing to pay a past due support obligation greater than $10,000 owed to children residing in another state is affirmed over defendant's challenge that district court's jury instruction defining "reside" was erroneous and prejudicial.

Appellate Information

• Decided 12/08/2004
• Published 12/08/2004

Judges

• WESLEY, Circuit Judge:, Before:  STRAUB, POOLER, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Mark J. Lesko, Assistant United States Attorney for the Eastern District of New York (Roslynn R. Mauskopf, United States Attorney, on the brief;  Cecil C. Scott, Assistant United States Attorney, of counsel), Brooklyn, New York, for Appellee., Michael P. Berkley, Law Office of Michael P. Berkley, P.C., Garden City, New York, for Defendant-Appellant.