United States v. Dabbs

U.S. Court of Appeals for the Eleventh Circuit
United States v. Dabbs, 134 F.3d 1071 (11th Cir. 1998)
1998 WL 46292

United States v. Dabbs

Opinion

BARKETT, Circuit Judge, concurring in part and dissenting in part:

I concur in the majority opinion except as to the majority’s affirmance of the restitution order imposed against appellant Floyd. I do not believe that the record reflects that the district court considered Floyd’s ability to pay $593,456.82 in restitution, especially where the PSI found that Floyd did not have the ability to pay a fine within the guideline range of $6,000 to $60,000. Accordingly, I would remand the case to the district court for consideration of Floyd’s ability to pay.

Reference

Status
Published