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UNITED STATES v. GOMER

No. 84-1463.

764 F.2d 1221 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Dale GOMER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 11, 1985.

Attorney(s) appearing for the Case

David Resley, Asst. U.S. Atty., Gregory Harris, U.S. Atty., Springfield, Ill., for plaintiff-appellee.

Gregory Dean Collins, Stratton & Nardulli, Springfield, Ill., for defendant-appellant.

Before ESCHBACH and COFFEY, Circuit Judges, and SWYGERT, Senior Circuit Judge.

SWYGERT, Senior Circuit Judge.

Jimmy Dale Gomer pled guilty to bank robbery and was sentenced to twenty-five years imprisonment and ordered to forfeit $7,272.00 as restitution to the victims of the robberies, pursuant to the Victim and Witness Protection Act of 1982, 18 U.S.C. §§ 1512-14, 3579-80 (1982) ("VWPA"). He appeals only from the restitution sentence. Because the VWPA requires the sentencing judge to consider "the financial needs and earning ability...

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