U.S. v. ALTAMIRANO

No. 93-2016.

11 F.3d 52 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Ray ALTAMIRANO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 1993.


Attorney(s) appearing for the Case

Thomas S. Berg, Roland E. Dahlin, II, Federal Public Defenders, David B. Gerger, Asst. Federal Public Defender, Houston, TX, for defendant-appellant.

Edward W. Barnett, Jr., Paula C. Offenhauser, James L. Turner, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, TX, for plaintiff-appellee.

Before WISDOM, HIGGINBOTHAM, and JONES, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

The district court imposed a probated fine. It also adopted a presentence report suggesting that the defendant had no present or future ability to pay a fine. The defendant contends that the district court lacked authority to probate a fine and in any event should not have done so because he had no present or anticipated ability to pay. We conclude that inability to pay is not an absolute barrier to a fine. We also conclude...

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