United States v. Noel Hernandez

After Defendant Noel Hernandez pled guilty to theft of government funds, in violation of 18 U.S.C. § 641, the government moved the district court for entry of a forfeiture money judgment of $117,659, the amount of loss sustained by the Social Security Administration as a result of Hernandez’s offense. In its motion, the government acknowledged that the district court was required to impose restitution. At sentencing, the district court denied the government’s forfeiture motion, but ordered Hernandez to pay restitution in the amount of $117,659. The government appeals, arguing that, the…