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U.S. v. LUSSIER

No. 354, Docket 96-1110.

104 F.3d 32 (1997)

UNITED STATES of America, Appellee, v. Roger LUSSIER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 9, 1997.

Attorney(s) appearing for the Case

John L. Pacht, Burlington, VT (Robert W. Katims, Hoff, Curtis, Pacht, Cassidy & Frame, Burlington, VT, on the brief), for defendant-appellant.

David V. Kirby, Acting U.S. Atty. (Paul J. Van de Graaf, James J. Gelber, Asst. U.S. Attys., Burlington, VT, on the brief), for appellee.

Before: NEWMAN, Chief Judge, and McLAUGHLIN, Circuit Judge.

JON O. NEWMAN, Chief Judge:

This appeal concerns the relationship between a district court's authority to vacate an illegal sentence and its authority to modify the terms of supervised release. The precise issue is whether one component of a sentence — restitution — that was not challenged either on direct review or under 28 U.S.C. § 2255, may nonetheless be modified because restitution was made a condition of supervised release and supervised release...

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