How is a defendant's financial resources determined in the context of a judgment of conviction under section 3664(f)(2)(A) of the California Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. Holden, 908 F.3d 395 (9th Cir. 2018):

order the manner in which, and the schedule according to which, the restitution is to be paid, in consideration of ... the financial resources and other assets of the defendant." Id. 3664(f)(2)(A). In order to meet its obligation under 3664, a court must "consider" a defendant's financial resources. Ward v. Chavez , 678 F.3d 1042, 104950 (9th Cir. 2012). If the court determines that the defendant is unable to make immediate restitution, the court "must set a repayment schedule in the judgment of conviction." Id. at 1050.

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