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Keywords: Restitution, VWPA, MVRA, resentencing
Panel: Kearse, Calabresi, and Straub
Opinion by: Per Curiam
Appeal from: SDNY (Cote, USDJ)
Result below: Restitution ordered on resentencing
Result: Affirmed
The question on appeal is whether the district court had jurisdiction to enter a restitution order after two prior orders were vacated, when time delays caused the resentencing to occur after defendant had finished serving her sentence and supervised release. Defendant contends that the district court lacked jurisdiction to enter the restitution order under the VWPA, which requires that restitution be ordered “at the time of sentence”. The panel interprets this requirement to apply both to the original sentencing and any resentencing ordered by the court of appeal, and that defendant has not shown that her substantial rights were affected by the delay in resentencing. In addition, the amount of restitution was not an abuse of discretion.
