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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48521

Judge Sweet

PLAINTIFF ALLEGED, pursuant to 28 USC §2255, that the court erred in sentencing him to penalty of restitution and to a term of supervised release, and that the criminal conspiracy statute under which he pleaded guilty, 18 USC §371, is unconstitutional. Plaintiff had pleaded guilty to one count of conspiracy to commit securities fraud, mail fraud and wire fraud, and one count of securities fraud. Plaintiff was sentenced to 16 months imprisonment, to be followed by three years of supervised release on each count, and was ordered to make restitution to the victims of the fraud in the amount of $420,000. The instant court denied plaintiff’s petition, ruling that his challenge to his restitution order is not properly brought on a §2255 petition and that the sentence of supervised release was properly imposed. The court noted that the criminal conspiracy statute is constitutional because it clearly sets forth a criminal offense constituting lawful notice to all citizens.

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