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U.S. v. JACQUES

Docket No. 01-1348.

321 F.3d 255 (2003)

UNITED STATES of America, Appellee, v. Nancy JACQUES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 3, 2003.

Attorney(s) appearing for the Case

Steven M. Statsinger, New York, New York (The Legal Aid Society, Federal Defender Division, New York, New York, of counsel), for Defendant-Appellant.

William F. Johnson, Assistant United States Attorney, New York, New York (Mary Jo White, United States Attorney, Celeste L. Koeleveld, Assistant United States Attorney, Southern District of New York, New York, New York, of counsel), for Appellee.

Before: FEINBERG, KEARSE, and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge.

Nancy Jacques (defendant or appellant) has appealed a sentence imposing restitution. In sentencing appellant to make restitution, the sentencing court could have relied on one of two statutes that give it such authority, but it did not indicate which statute it relied upon. It may well be that sometimes the best choice is not to choose at all. We do not think such proposition helpful here. Yet, because the two statutes have different requirements...

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