U.S. v. KERLEY

No. 04-4537-CR.

416 F.3d 176 (2005)

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

United States Court of Appeals, Second Circuit.

Decided: July 28, 2005.


Attorney(s) appearing for the Case

Harry A. Chernoff, Assistant United States Attorney, for David N. Kelley, United States Attorney for the Southern District of New York, New York, N.Y. (Peter G. Neiman, on the brief), for Appellant.

Henry E. Mazurek, Law Offices of Gerald Shargel, New York, NY, for Defendant-Appellee.

Eliot Spitzer, Attorney General of the State of New York (Michelle Aronowitz, Deputy Solicitor General, and Benjamin N. Gutman, Assistant Solicitor General, of counsel), New York, NY, for amicus curiae the State of New York, in support of Appellant the United States of America.

Michael A. Cardozo, Corporation Counsel of the City of New York (Larry A. Sonnenshein and Sharyn Michele Rootenberg, of counsel), New York, NY, for amicus curiae the City of New York, in support of Appellant the United States of America.

Before: McLAUGHLIN, STRAUB, and HALL, Circuit Judges.


MCLAUGHLIN, Circuit Judge.

The Government appeals from the dismissal of a one-count information in the Southern District of New York (Jones, J.). The information charged Clifford Kerley with violating the Deadbeat Parents Punishment Act (the "DPPA"), 18 U.S.C. § 228, which criminalizes the failure to pay child support in certain instances. The district court dismissed the information, holding that the support order Kerley failed to comply with was entered...

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