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US v. Hanna, 10-1331

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By FindLaw Staff on December 22, 2010 3:06 PM

Conviction for willfully refusing to pay child support

US v. Hanna, 10-1331, concerned a challenge to a conviction of defendant for willfully failing to pay a support obligation to a child residing in another state, in violation of the Deadbeat Parents Punishment Act of 1998.

 

In affirming, the court rejected defendant's argument, that there was insufficient evidence of his "income" to sustain his conviction.  Further, sufficient evidence supported the "willfulness" element of the statute, as the evidence showed that defendant received thousands of dollars in gifts from family, yet refused to use any of those funds to pay child support.  The court rejected defendant's remaining arguments, including his challenge to the district court's sentence of two years' imprisonment followed by a year of supervised release, and order to pay $247,843.99 in restitution.

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