United States v. Sanchez-Urias
Opinion
Defendant Magdiel Sanchez-Urias pleaded guilty in the United States District Court for the District of Colorado to illegally reentering the country after being deported.
See
Defendant's presentence investigation report (PSR), prepared on April 4, 2017, states that "[u]pon advice of counsel, [Defendant] did not provide financial information at the time of the presentence interview." R., Vol. 2 at 36. But the record contains other evidence of his financial status. Perhaps most helpful to him is the statement in the PSR that Laura Trevino-who had been in a "serious relationship" with Defendant for about a year-said that Defendant "ha[d] no assets or debts."
The district court sentenced Defendant to time served and one year of supervised release, and imposed a mandatory $100 assessment and a $1,000 fine. Defendant objected to the fine, but the court overruled the objection.
We review a sentencing court's decision to impose a fine for "reasonableness under a deferential abuse-of-discretion
*1071
standard."
United States v. Sharp
,
Defendant argues that "the district court clearly erred in finding that [Defendant] had the ability to pay a $1,000 fine." Aplt. Br. at 5 (capitalization omitted). But that misstates the burden of persuasion on the issue of ability to pay. Under USSG § 5E1.2(a), a sentencing court "shall impose a fine in all cases, except where the defendant establishes that he is unable to pay and is not likely to become able to pay any fine."
1
As the
defendant establishes
language suggests, it is a defendant's burden to show that he falls within the exception.
See
Perez-Jiminez
,
We see no clear error. Defendant is correct that defendants can " 'rely and stand upon ... facts contained in the PSR' " to show inability to pay. Aplt. Br. at 9 (quoting
United States v. Labat
,
Moreover, there was adequate evidence to indicate that Defendant could have accumulated enough assets before his arrest to now pay a modest $1,000 fine. As the district court observed, Defendant was driving a car when he was arrested and, even accounting for his making some monthly payments to support a child, the difference between income and expenses suggested that Defendant had assets "that he has declined to disclose." R., Vol. 3 at 50. We disagree with Defendant that "evidence in the record establishe[d] inability to pay." Aplt. Reply Br. at 2. We are not saying that the district court was compelled to impose a fine, only that the record did not prohibit imposition of the fine.
The district court did not commit clear error. We AFFIRM the judgment of the district court.
Defendant argues that we cannot affirm on the alternative ground that Defendant failed to establish his future inability to pay because inability to pay a fine in the future is a factual question and the district court made no finding on the matter. We need not address that issue, however, because we affirm on his present ability to pay.
Defendant did not invoke his privilege against self-incrimination in refusing to provide the financial information. But even if he had invoked the privilege, there is a substantial question (which we do not resolve here) whether that would have changed our analysis. In
United States v. Constantine
,
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Magdiel SANCHEZ-URIAS, Defendant-Appellant.
- Cited By
- 3 cases
- Status
- Published