Restitution: U.S. v. Rossi

Restitution

Jurisdiction

U.S. v. Rossi
08-6108-cr
Appealed from the Southern District of New York

Background: The defendant appeals from a district court’s incorporation of an amended restitution order of $200,605, after an earlier restitution order by Judge Richard Owen was twice vacated and remanded between 2000 and 2001. Rossi contends that because she already had 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.

Ruling: The court agrees with Judge Cote that the district court still had jurisdiction to reimpose restitution in 2008 based on the Second Circuit’s remand to the district court in 2001. The provisions of the governing statute in the case, the Victim and Witness Protection Act of 1982, were complied with because the restitution order was imposed at the time that Rossi was resentenced following the remand. Rossi has not shown that she was prejudiced by the lapse of time preceding resentencing. The judgment of the district court is affirmed.

Richard Ware Levitt of Levitt & Kaizer for the appellant and Jesse M. Furman, assistant U.S. attorney, for the appellee