What is the test for determining restitution under the Victim Witness Protection Act?

In deciding what amount of restitution is appropriate under the Victim Witness Protection Act, the district court "shall consider the amount of the loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such other factors as the court deems appropriate." 18 U.S.C. 3664(a). Although the VWPA "does not require express findings on these factors and grants the district court broad discretion in the kind and amount of evidence required," United States v. Ramilo, 986 F.2d 333, 335 (9th Cir.1993), the record must indicate that "the district court considered the defendant's future ability to pay."

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Analysis