Does a federal district court have an obligation to make findings of fact concerning a defendant's financial condition before imposing restitution under the VWPA?

MultiRegion, United States of America

The following excerpt is from U.S. v. Smith, 944 F.2d 618 (9th Cir. 1991):

18 U.S.C. 3664(a) (1988) (emphasis added). In determining whether district courts have satisfied this obligation, at least three of our sister circuits "have invoked their supervisory power to require district courts to make specific factfindings" on the considerations identified in this provision. United States v. Bruchey, 810 F.2d 456, 458-59 (4th Cir.1987) (citing United States v. Hill, 798 F.2d 402, 406-07 (10th Cir.1986), and United States v. Palma, 760 F.2d 475, 480 (3d Cir.1985)). We, however, have rejected their lead.

In United States v. Cannizzaro, 871 F.2d 809 (9th Cir.), cert. denied, 493 U.S. 895, 110 S.Ct. 245, 107 L.Ed.2d 195 (1989), we noted that "[t]here is no textual support for [the] contention that the district court must make findings of fact concerning [the defendant's] financial condition before imposing restitution [under the VWPA]." Id. at 810. We explained:

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