Does a defendant's future ability to pay restitution preclude the imposition of restitution?

MultiRegion, United States of America

The following excerpt is from U.S. v. Garrett, 127 F.3d 1107 (9th Cir. 1997):

The Victim and Witness Protection Act authorizes the imposition of restitution upon defendants convicted of an offense under Title 18. 18 U.S.C. 3663 (1994). The district court record must indicate that the court considered defendant's future ability to pay. United States v. Bachsian, 4 F.3d 796, 800 (9th Cir.1993). A defendant's indigence at the time of sentencing does not preclude a restitution order. United States v. Smith, 944 F.2d 618, 623 (9th Cir.1991). Because the court considered the sentencing report which made explicit reference to defendant's financial condition and future ability to pay, it fulfilled its responsibilities under 18 U.S.C. 3664(a). The court's imposition of restitution is affirmed.

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