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U.S. v. Thompson, No. 00-1161 (2nd Cir.) (227 F.3d 43) (September 25, 2000) (Judge Jose A. Cabranes)

Article • October 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Thompson, No. 00-1161 (2nd Cir.) (227 F.3d 43) (September 25, 2000) (Judge Jose A. Cabranes) by Here the Court held that there was no error under USSG § 5E1.2 when the district court court imposed a $5,000 fine on an indigent defendant who was sentenced to 10 years …

Tate v. Short, No. 324 (U.S. Supreme Court) (401 U.S. 395; 91 S.Ct. 668) (March 2, 1971) (Justice Brennan)

Article • June 30, 2000

Filed under: Punch And Jurists, Ability to Pay

Tate v. Short, No. 324 (U.S. Supreme Court) (401 U.S. 395; 91 S.Ct. 668) (March 2, 1971) (Justice Brennan) by Here the Court held that the State cannot "impos[e] a fine as a sentence and then automatically conver[t] it into a jail term solely because the defendant is indigent and …

Williams v. Illinois, No. 1089 (U.S. Supreme Court) (399 U.S. 235; 90 S.Ct. 2018) (June 29, 1970) (Justice Burger)

Article • June 30, 2000

Filed under: Punch And Jurists, Ability to Pay

Williams v. Illinois, No. 1089 (U.S. Supreme Court) (399 U.S. 235; 90 S.Ct. 2018) (June 29, 1970) (Justice Burger) by In his opinion in this case, Justice Burger stated: "This appeal from Illinois presents an important question involving a claim of discriminatory treatment based upon financial inability to pay a …

U.S. v. Miller, No. 99-10094 (9th Cir.) (205 F.3d 1098) (March 8, 2000) (Judge Myron H. Bright)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Fines

U.S. v. Miller, No. 99-10094 (9th Cir.) (205 F.3d 1098) (March 8, 2000) (Judge Myron H. Bright) by Here the Ninth Circuit becamse the first Circuit to hold that, where payment of a fine is made a condition of supervised release, 18 USC § 3583(e)(2) gives the district court the …

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler) by In this case, following conviction for one count of credit card fraud, the defendant was ordered to pay a total of $19,192.54 in restitution to four victims. The order specified that the …

U.S. v. Dunigan, No. 97-5980 (6th Cir.) (163 F.3d 979) (January 8, 1999) (Judge R. Guy Jr. Cole)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Dunigan, No. 97-5980 (6th Cir.) (163 F.3d 979) (January 8, 1999) (Judge R. Guy Jr. Cole) by At the time of sentencing, the defendant was was twenty-eight years old and indigent. His educational background includes graduating high school ranked third in his class and completing some college-level course …

U.S. v. Siegel, No. 97-4461 (11th Cir.) (153 F.3d 1256) (September 4, 1998) (Judge Arthur L. Alarcon)

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Siegel, No. 97-4461 (11th Cir.) (153 F.3d 1256) (September 4, 1998) (Judge Arthur L. Alarcon) by Here the Court relied heavily on its earlier ruling in U.S. v. Remillong, 55 F.3d 572, 574 (11th Cir. 1995), and noted both that the defendant's presentence report had suggested that the …

U.S. v. Corace, No. 97-1437 (2nd Cir.) (146 F.3d 51) (May 20, 1998) (Judge Jon O. Newman)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Corace, No. 97-1437 (2nd Cir.) (146 F.3d 51) (May 20, 1998) (Judge Jon O. Newman) by When the defendant in this case was sentenced, Judge Wexler ordered him to pay a fine of $60,000, even though he made no inquiry nor any findings as to the defendant's ability …

U.S. v. Drinkwine, No. 97-1194, No. 711 (2nd Cir.) (133 F.3d 203) (January 8, 1998) (Judge Ellsworth A. Van Graafeiland)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Drinkwine, No. 97-1194, No. 711 (2nd Cir.) (133 F.3d 203) (January 8, 1998) (Judge Ellsworth A. Van Graafeiland) by Court vacates fine because the sentencing proceedings, including the PSR, did not sufficiently follow the dictates of Guidelines § 5E1.2, particularly failing to consider defendant's ability to pay the …

U.S. v. Bapack, No. 96-3172 (D.C. Cir.) (129 F.3d 1320) (December 5, 1997) (Judge Karen LeCraft Henderson)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Bapack, No. 96-3172 (D.C. Cir.) (129 F.3d 1320) (December 5, 1997) (Judge Karen LeCraft Henderson) by Court rejected claim that restitution order of $62,000 was improper in case of a defendant who had no money, four minor children to support and who would be ordered deported upon completion …

U.S. v. Bauer, No. 97-1779 (7th Cir.) (129 F.3d 962) (November 20, 1997) (Judge Michael S. Kanne)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Bauer, No. 97-1779 (7th Cir.) (129 F.3d 962) (November 20, 1997) (Judge Michael S. Kanne) by In this case, in response to an objection to a fine based on the district court's failure to make express findings regarding the defendant's financial situation and the other factors listed in …

U.S. v. Monem, No. 97-1220 (7th Cir.) (120 F.3d 645) (July 24, 1997) (Judge Joel L. Flaum)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Monem, No. 97-1220 (7th Cir.) (120 F.3d 645) (July 24, 1997) (Judge Joel L. Flaum) by Court held that district court was not required to identify specific assets from which defendant could pay fine because of defendant's use of a false social security card and a demonstrated willingness …

U.S. v. Trigg, No. 96-1487 (7th Cir.) (119 F.3d 493) (July 8, 1997) (Judge Kenneth F. Ripple)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Trigg, No. 96-1487 (7th Cir.) (119 F.3d 493) (July 8, 1997) (Judge Kenneth F. Ripple) by In this case, the Court approved a restitution order of $79,000 even though (a) the defendant would be 54 years old when released from prison, had no significant job skills, and was …

U.S. v. Thompson, No. 96-1390 (2nd Cir.) (113 F.3d 13) (May 7, 1997) (Judge Dennis G. Jacobs)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Thompson, No. 96-1390 (2nd Cir.) (113 F.3d 13) (May 7, 1997) (Judge Dennis G. Jacobs) by This case deals with two frequently litigated restitution issues. First, the Court emphatically affirmed that a failure to object to a restitutionary order is not a bar to appellate review "because improperly …

U.S. v. Fields, No. 96-1168, No. 431 (2nd Cir.) (113 F.3d 313) (May 12, 1997) (Judge Richard J. Cardamone)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Fields, No. 96-1168, No. 431 (2nd Cir.) (113 F.3d 313) (May 12, 1997) (Judge Richard J. Cardamone) by Court affirmed imposition of $25,000 fine even though evidence "suggested" defendant's inability to pay fine. One of the issues raised in this case was whether the district court erred when …

U.S. v. Olson, No. 95-1522 (10th Cir.) (104 F.3d 1234) (January 17, 1997) (Judge Deanell R. Tacha)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Olson, No. 95-1522 (10th Cir.) (104 F.3d 1234) (January 17, 1997) (Judge Deanell R. Tacha) by At sentencing, the defendant in this case was ordered to pay over $6 million in restitution, arising out of a series of convictions for mail fraud, wire fraud and money laundering. He …

U.S. v. Olson, No. 95-1522 (10th Cir.) (104 F.3d 1234) (January 17, 1997) (Judge Deanell R. Tacha)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Olson, No. 95-1522 (10th Cir.) (104 F.3d 1234) (January 17, 1997) (Judge Deanell R. Tacha) by Case held that when a defendant has secreted proceeds from an illegal activity, the illegal proceeds are presumed to be assets of the defendant unless he proves otherwise.

U.S. v. Gomez, No. 96-1074, No. 191 (2nd Cir.) (103 F.3d 249) (January 7, 1997) (Judge Wilfred Feinberg)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Gomez, No. 96-1074, No. 191 (2nd Cir.) (103 F.3d 249) (January 7, 1997) (Judge Wilfred Feinberg) by Here the Court held that a lack of financial capacity to purchase drugs in question is irrelevant for sentencing purposes, since the defense only applies where the defendant is accused of …

U.S. v. Monem, No. 96-2663 (7th Cir.) (104 F.3d 905) (January 13, 1997) (Judge Joel L. Flaum)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Monem, No. 96-2663 (7th Cir.) (104 F.3d 905) (January 13, 1997) (Judge Joel L. Flaum) by Sentence vacated because district court failed to make required findings justifying the amount of the fine imposed. Because the defendant in this case had agreed to forfeit substantially all of his assets, …

U.S. v. Lampien, No. 95-3396 (7th Cir.) (89 F.3d 1316) (July 12, 1996) (Judge Ilana Diamond Rovner)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Lampien, No. 95-3396 (7th Cir.) (89 F.3d 1316) (July 12, 1996) (Judge Ilana Diamond Rovner) by Here the Court vacated a restitution order imposed on a 60 year old defendant requiring her to make full restitution of $498,972 over a 54 month period in installments of at least …