United States Second Circuit

Following conviction for bank fraud and tax crimes, amended judgment revoking probation and resentencing defendant to 4 months incarceration for willful violation of probation by failing to pay restitution is affirmed where: 1) defendant’s bankruptcy filing does not relieve him of a probation condition to pay restitution because probation revocation proceedings are continuations of the criminal action and, as such, are exempted from the operation of the Bankruptcy Code’s automatic stay by 11 U.S.C. section 362(b)(1); 2) the district court's finding that defendant failed to establish an advice-of-counsel defense to the charged violation of probation was supported by the record; and 3) defendant's request to modify his written judgment to delete a statement obligating him to pay restitution while incarcerated is not ripe for adjudication.

Appellate Information

• Decided 10/12/2012
• Published 10/12/2012

Judges

• RAGGI

Court

• United States Second Circuit

Counsel