United States v. Tulsiram, No. 14-2483 (2d Cir. 2016)
Annotate this CaseDefendant pleaded guilty to all counts related to his sexual abuse of his stepdaughter over the course of 5 years. Determining that it has appellate jurisdiction, the court held that a judgment of conviction is final for purposes of 28 U.S.C. 1291 whenever it imposes a sentence of incarceration, even if post‐conviction proceedings to set a restitution amount remain pending. The court also concluded that the district court’s failure to advise defendant that restitution would be imposed did not constitute plain error. Accordingly, the court affirmed the judgment.
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