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U.S. v. ZANGARI

Docket No. 10-4546-cr.

677 F.3d 86 (2012)

UNITED STATES of America, Appellee, v. Salvatore ZANGARI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 18, 2012.

Attorney(s) appearing for the Case

Randy Zelin , Moritt Hock & Hamroff, LLP, Garden City, NY, for Defendant-Appellant Salvatore Zangari.

Winston M. Paes , Assistant United States Attorney ( Jo Ann M. Navickas , Assistant United States Attorney, of counsel), for Loretta E. Lynch, United States Attorney, Office of the United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee the United States of America.

Before: CABRANES, POOLER, and WESLEY, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

In this appeal, we consider, as a matter of first impression in this Circuit, the propriety of substituting a defendant's gain for his victims' losses in calculating restitution under the Mandatory Victim's Restitution Act ("MVRA"), 18 U.S.C. §§ 3663A-3664. Although we join several of our sister circuits in concluding that such a substitution is error, we decline to exercise our discretion under Federal Rule of Criminal...

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