Can a sentencing court impose a restitutionary sentence on a defendant who is indigent at the time of sentencing?
MultiRegion, United States of America
The following excerpt is from U.S. v. Devereaux, 902 F.2d 41 (9th Cir. 1989):
Recognizing that indigency may be temporary, the Act does not prohibit a sentencing court from imposing a restitutionary sentence upon a defendant who is indigent at the time of sentencing. United States v. Keith, 754 F.2d 1388, 1393 (9th Cir.1985), cert. denied, 474 U.S. 829, 106 S.Ct. 93, 88 L.Ed.2d 76 (1985). Although the sentencing court must consider the defendant's financial resources, her financial needs, the earning ability of the defendant and her dependents,
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