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U.S. v. CORACE

Docket No. 97-1437.

146 F.3d 51 (1998)

UNITED STATES of America, Appellee, v. Ralph J. CORACE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 20, 1998.

Attorney(s) appearing for the Case

William J. Cunningham, Meyer, Suozzi, English & Klein, Mineola, NY, for defendant-appellant.

Joseph R. Conway, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., Emily Berger, Asst. U.S. Atty., Brooklyn, NY, on brief), for appellee.

Before: NEWMAN, CABRANES and MERRITT, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal principally concerns a sentencing judge's authority to fine a defendant whom the presentence report ("PSR") states is unable to pay a fine in addition to a substantial amount of restitution. Ralph J. Corace appeals from the July 11, 1997, judgment of the District Court for the Eastern District of New York (Leonard D. Wexler, Judge), convicting him, upon his guilty plea, of theft from an employee benefit plan in violation of...

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