This matter having come before the Court on the Motion of the Government, for an order of restitution, pursuant to the Victim and Witness Protection Act, 18 U.S.C. §§ 3663-64, Michael D'Alessio, Jr., Esq., appearing on behalf of Defendant, Louis J. Citarelli, and Christopher J. Christie, Esq., United States Attorney, and James B. Nobile, Esq., Assistant United States Attorney, appearing on behalf of the United States of America; and,
The Court having considered the papers submitted by counsel for the United States of America in support of its motion for restitution and the papers submitted by counsel for Defendant in opposition thereto, as well as the Presentence Report and the oral argument of counsel on February 22, 2002;
For the reasons set forth in the Opinion filed concurrently with this Order, IT IS, on this 25th day of February, 2002, hereby ORDERED that:
1. The Motion of the United States of America for an award of restitution is GRANTED as to the Victim, C.C., but DENIED as to the Victim, the Newark Board of Education; and,
2. Restitution in the amount of $81,744.76 shall be paid to the victim of Citarelli's crime, his former spouse, "C.C.", pursuant to a schedule to be determined by the Court at the sentencing hearing; and,
3. The Defendant's Total Offense Level is 21; and,
4. The Defendant's Criminal History Category is I; and,
5. The applicable Sentencing Guideline Range for Defendant is 37 to 46 months.
STEPHEN M. ORLOFSKY, United States District Judge.