What is the test for making a finding of fact concerning a defendant's financial condition before imposing restitution?
MultiRegion, United States of America
The following excerpt is from U.S. v. Grimes, 15 F.3d 1092 (9th Cir. 1994):
Under 18 U.S.C. Sec. 3664, a court need not "make findings of fact concerning [the defendant's] financial condition before imposing restitution." United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 (1989). Rather, as a rule, "the record must ... reflect that the district judge had at his disposal information bearing on the considerations enumerated in section 3664." Id. at 811.
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