United States Second Circuit

Sentence based on guilty plea to securities fraud and conspiracy to commit securities fraud is affirmed over defendant's claims that: 1) the imposition of special conditions of supervised release relating to his prior sex offenses exceeded the district court's statutory authority and violated the Double Jeopardy Clause and the Tenth Amendment; and 2) order to make full restitution to his victims in an amount determined by the court under the Mandatory Victim Restitution Act violated the Sixth Amendment.

Appellate Information

• Decided 01/09/2008
• Published 01/09/2008

Judges

• KEENAN, District Judge:, Before: WALKER and CALABRESI, Circuit Judges, and KEENAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Steven D. Feldman, Assistant United States Attorney (Katherine Polk Failla, Assistant United States Attorney, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, N.Y., for Appellee., David Samel, New York, N.Y., for Defendant-Appellant.