United States v. Ernestine Hogue

Type

Opinion

Author

Richard Allen Griffin

Filed

May 28, 2026

Case

United States v. Ernestine Hogue

Case status

Decided

The first passage of the document, as extracted by the source provider.

NOT RECOMMENDED FOR PUBLICATION File Name: 26a0237n.06 No. 25-1463 UNITED STATES COURT OF APPEALS FILED FOR THE SIXTH CIRCUIT May 28, 2026 KELLY L. STEPHENS, Clerk ) UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ON APPEAL FROM THE ) v. UNITED STATES DISTRICT ) COURT FOR THE EASTERN ) ERNESTINE HOGUE, DISTRICT OF MICHIGAN ) Defendant-Appellant. ) OPINION ) ) Before: COLE, GRIFFIN, and READLER, Circuit Judges. GRIFFIN, Circuit Judge. Ernestine Hogue had two social security numbers. One number she obtained fraudulently, and under that number she collected benefits from the Social Security Administration. After the government discovered her scheme, she was charged with theft of government funds, with the charged period stretching from June 2003 to November 2015. The jury then found her guilty, and the district court sentenced her to time served and ordered restitution. When doing so, however, the district court considered an impermissible scope of restitution. Thus, we vacate the restitution order and remand for the district court to recalculate restitution. I. Hogue had one social security number (SSN) under her legal name. She fraudulently obtained another SSN under a fictitious …

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