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U.S. v. JOLLY

No. 475, Docket 97-1074.

129 F.3d 287 (1997)

UNITED STATES of America, Appellee, v. K. Douglas JOLLY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 21, 1997.

Attorney(s) appearing for the Case

Darrell B. Fields, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York City, for Defendant-Appellant.

Thomas Spina, Jr., Asst. U.S. Atty. for the Northern District of New York, Albany, New York (Thomas J. Maroney, United States Attorney, of counsel), for Appellee.

Before: WINTER, Chief Judge, CARDAMONE, Circuit Judge, and POLLACK, District Judge.

WINTER, Chief Judge,

K. Douglas Jolly appeals from his resentencing by Chief Judge McAvoy. See United States v. Jolly, 102 F.3d 46 (2d Cir.1996) (remanding for resentencing). The written judgment entered after resentencing requires Jolly to make restitution in monthly amounts higher than those ordered at the oral pronouncement of his resentence. Jolly contends that, when there is a variance in a sentence between the oral pronouncement...

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