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January 28, 2010
08-6108-cr United States v. Rossi - Before: KEARSE, CABRANES, and STRAUB, Circuit Judges. Defendant-appellant Tricia Rossi appeals from an amended judgment entered on December 12, 2008 in the United States District Court for the Southern District of New York (Denise Cote, Judge) incorporating an amended restitution order of $200,604.61, after an earlier restitution order by Judge Richard Owen was twice vacated and remanded between 2000 and 2001. Rossi contends that because she had already completed her assigned 42 months’ imprisonment and three years’ supervised release by the time Judge Cote entered the new restitution order, the District Court no longer had jurisdiction to do so. The Second Circuit agrees with Judge Cote that the District Court still had jurisdiction to reimpose restitution in 2008 based on our remand to the District Court in 2001. The Circuit holds that the provisions of the governing statute in this case, the Victim and Witness Protection Act of 1982, were complied with because, inter alia, the restitution order was imposed at the time that Rossi was resentenced following our remand, and that Rossi has not shown that she was prejudiced by the lapse of time preceding resentencing. The judgment of the District Court is therefore affirmed. Per Curiam.
January 25, 2010
The Supreme Court granted cert in two cases of note to federal criminal practitioners : 09-479 Abbott v. United States - 09- 7073 Gould v. United States.
These cases have now been consolidated for argument.
Questions Presented: (1) Whether the term “any other provision of law” of 18 U.S.C. 924(c) includes the underlying drug trafficking offense or crime of violence; and (2) if not, whether it includes another offense for possessing the same firearm in the same transaction?
You will want to raise and preserve objections to all 924(c) mandatory minimum sentences while these cases are pending. You can review the Abbott pleadings at www.scotusblog.com and I would antiicpate that the pleadings for Gould will soon be there as well.
January 5, 2010
08-0837-cr United States v. Payne - Before: KEARSE, SACK, and HALL, Circuit Judges. Appeal from a judgment of the United States District Court for the Eastern District of New York, John Gleeson, Judge, convicting defendant of racketeering offenses, 18 U.S.C. §§ 1959 (a) (1), 1962 (c), and 1962 (d) i and narcotics and firearms offenses, 21 U.S.C. §§ 841(a) (1) and 846, and 18 U.S.C. § 924 (c) (1) (A) . After trial, Payne was sentenced to six life terms of imprisonment on the racketeering and narcotics offenses to be followed by a ten year term on the firearms count. One issued raised on appeal and discussed by the Court is the appropriate sentence to be imposed for a violation of 924(c), The defendant convictions and sentence are affirmed.
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