Legal Opinion

United States v. Kerley

Court of Appeals for the Second Circuit

Decided September 25, 2008No. Docket 07-1818-crPublishedCited by 24 opinions

1Opinion of the Court

RESTANI, Judge:

This appeal arises from a conviction of two counts of willful failure to pay a child support obligation in violation of 18 U.S.C. § 228(a)(3). A jury found defendant-appellant Clifford Kerley guilty of failing to make support payments for his twin daughters in accordance with a court order. The issues on appeal are whether (1) the district court erroneously precluded his good faith defense, (2) the second count was multiplicitous, and (3) the district court incorrectly applied the United States Sentencing Guidelines (“Guidelines”). Several questions of first impression are…

2Cases cited24 opinions

  1. United States v. DunniganSupreme Court of the United States · 1993
  2. Bell v. United StatesSupreme Court of the United States · 1955
  3. Cheek v. United StatesSupreme Court of the United States · 1991
  4. United States v. WiltbergerSupreme Court of the United States · 1820
  5. United States v. SantosSupreme Court of the United States · 2008

19 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. United States v. McGeeCourt of Appeals for the Second Circuit · 2009
  2. United States v. RiveraCourt of Appeals for the Second Circuit · 2011
  3. United States v. MasonCourt of Appeals for the Second Circuit · 2012
  4. United States v. MitranoCourt of Appeals for the First Circuit · 2011
  5. United States v. ZayacCourt of Appeals for the Second Circuit · 2014

19 more not listed; retrieve them via the Exa API.

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