What is the test for determining whether a defendant has to pay restitution to a victim of sexual assault?

MultiRegion, United States of America

The following excerpt is from U.S. v. Luu, 110 F.3d 71 (9th Cir. 1997):

Under the Victim and Witness Protection Act of 1982 the district court has the authority to impose restitution. See 18 U.S.C. 3664(a) (1990). Before imposing restitution, 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." Id.; see United States v. Ramilo, 986 F.2d 333, 335 (9th Cir.1993). The court is not, however, required to make express findings demonstrating its consideration of those factors. See U.S.S.G. 5E1.1, comment (backg'd.) (1995); United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.1989). The court's duty, pursuant to section 3664 is satisfied as long as there is "some evidence" in the record that the defendant may be able to pay restitution in the future. See Ramilo, 986 F.2d at 335.

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