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U.S. v. KERLEY

Docket No. 07-1818-cr.

544 F.3d 172 (2008)

UNITED STATES of America, Appellee, v. Clifford KERLEY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 25, 2008.

Attorney(s) appearing for the Case

Colleen P. Cassidy, Federal Defenders of New York, Inc., Appeals Bureau (Barry D. Leiwant, Attorney-in-Charge), New York, NY, for Defendant-Appellant.

Harry A. Chernoff, Assistant United States Attorney (Katherine Polk Failla, Assistant United States Attorney, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Before: JACOBS, Chief Judge, POOLER, Circuit Judge, and RESTANI, Judge.

RESTANI, Judge:

This appeal arises from a conviction of two counts of willful failure to pay a child support obligation in violation of 18 U.S.C. § 228(a)(3). A jury found defendant-appellant Clifford Kerley guilty of failing to make support payments for his twin daughters in accordance with a court order. The issues on appeal are whether (1) the district court erroneously precluded his good faith defense, (2) the second count was multiplicitous, and (3) the...

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