Is there any case law where a judge ordered that a defendant be required to pay a fine for failing to pay restitution?

Grewal's argument that the district court should have considered his ability to pay restitution is also without merit. A district court's failure to consider a defendant's ability to pay is ordinarily an abuse of discretion. United States v. Smith, 944 F.2d 618, 623 (9th Cir.1991), cert. denied, 112 S.Ct. 1515 (1992). However, the defendant carries the burden of proving that he cannot afford the fine imposed. United States v. Nazifpour, 944 F.2d 472, 475 (9th Cir.1991). In the case at bar, Grewal agreed to pay restitution in the amount actually imposed by the district court. Further, the district court was not required to find that Grewal had the ability to pay. United States v. Bachsian, 4 F.3d 796, 800 (9th Cir.1993). Therefore, the district judge's order was not improper.