United States v. Green, No. 16-3044 (2d Cir. 2018)Annotate this Case
Defendant appealed her conviction and sentence for theft of government property in violation of 18 U.S.C. 641. The Second Circuit held that defendant did not waive her right of appeal; the district court was not permitted to order restitution for property stolen outside the limitation period because defendant did not consent to pay such restitution; and violations of section 641 did not constitute continuing offenses, rendering her liable for restitution for funds embezzled outside the limitation period. Accordingly, the court vacated in part and remanded for determination of the proper restitution amount within the limitation period.