[Download] "United States v. Silkowski" by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Silkowski
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 11, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
MESKILL, Circuit Judge : This appeal raises the issue of whether a district court may consider criminal conduct outside the applicable statute of limitations when determining the appropriate sentence of incarceration and restitution. The United States District Court for the Northern District of New York, Cholakis, J., concluded that it could and relied on such conduct for purposes of calculating both the term of incarceration under the United States Sentencing Guidelines (Guidelines) and the amount of loss the defendant was required to repay as restitution. For the reasons below, we affirm the district court's imposition of the term of imprisonment but vacate the order of restitution and remand that matter for further proceedings consistent with this opinion.