What is the test for determining whether a defendant's ability to pay under the Victims Rights Act?
MultiRegion, United States of America
The following excerpt is from United States v. Yin, CASE NO. 13CR3488 WQH (S.D. Cal. 2015):
earning ability of the defendant and the defendant's dependents, and such other factors as the court deems appropriate." 18 U.S.C. 3663(a)(1)(B). See United States v. Smith, 944 F.2d 618, 623-24 (9th Cir. 1991) ("[I]f a district court fails to consider a defendant's ability to pay, the court abuses the discretion afforded it by the Act.").
The Act defines the term "victim" as follows:
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