U.S. v. Orlando

63 Citing cases

  1. United States v. Hernandez-Arias

    757 F.3d 874 (9th Cir. 2014)   Cited 17 times
    In Hernandez, the BIA held that “malicious vandalism... committed for the benefit of a criminal street gang with the specific intent to promote criminal conduct by gang members” is categorically a crime involving moral turpitude.

    When a party does not assert a specific objection in the district court, as is the case with respect to the imposition of the fine here, we review for plain error. See United States v. Santiago, 466 F.3d 801, 803 (9th Cir.2006). “A district court's finding of whether a defendant is able to pay [a] fine is reviewed for clear error....” United States v. Orlando, 553 F.3d 1235, 1240 (9th Cir.2009). III. Analysis

  2. United States v. Hernandez-Arias

    745 F.3d 1275 (9th Cir. 2014)   Cited 3 times

    When a party does not assert a specific objection in the district court, as is the case with respect to the imposition of the fine here, we review for plain error. See United States v. Santiago, 466 F.3d 801, 803 (9th Cir.2006). “A district court's finding of whether a defendant is able to pay [a] fine is reviewed for clear error....” United States v. Orlando, 553 F.3d 1235, 1240 (9th Cir.2009). III. Analysis

  3. United States v. Hurtado

    760 F.3d 1065 (9th Cir. 2014)   Cited 71 times
    Recognizing that the fact that drug operation's organizers and leaders have above-average culpability does not mean that the defendant is substantially less culpable than the average participant

    We review the district court's decision to impose the fine and the amount of the fine for reasonableness. United States v. Orlando, 553 F.3d 1235, 1240 (9th Cir.2009). The district court's finding that Hurtado is able to pay the fine is reviewed for clear error.

  4. U.S. v. Labrecque

    433 F. App'x 551 (9th Cir. 2011)

    But, that representation does not automatically satisfy their burden of proving they are unable to pay the fine, now or in the future. See United States v. Orlando, 553 F.3d 1235, 1240 (9th Cir. 2009); United States v. Ladum, 141 F.3d 1328, 1344 (9th Cir. 1998). Both Pre-Sentence Reports (PSRs) recommended the $25,000 fines, based in large part on the lack of financial information disclosed by the defendants.

  5. United States v. Obendorf

    No. 16-30188 (9th Cir. Jul. 9, 2018)

    Obendorf suggests this condition prevents him from farming, but we think it plain that the condition proscribes only intentional feeding or baiting, whether direct or indirect. Finally, the $40,000 fine is not unreasonable. See United States v. Orlando, 553 F.3d 1235, 1239-40 (9th Cir. 2009). The amount of the fine corresponds to the pre-sentence report's estimate of the market value of the ducks taken.

  6. United States v. Strange

    No. 16-10128 (9th Cir. May. 18, 2017)   Cited 4 times
    Concluding "the district court properly took into account that [the defendant] was ‘able-bodied’ " and affirming its imposition of the $5,000 special assessment

    The district court did not clearly err in finding Campos able to pay the special assessment. See United States v. Orlando, 553 F.3d 1235, 1240 (9th Cir. 2009). Further, at the time of sentencing, imposition of an assessment of $5,000, payable in $150 installments starting 60 days after judgment, was reasonable in light of the language of the statute and Campos's circumstances.

  7. United States v. Anyanwu

    490 F. App'x 859 (9th Cir. 2012)

    Given the evidence of Anyanwu's assets and her failure to provide requested financial documentation to the Probation Office, the district court did not clearly err by holding that Anyanwu failed to meet her burden of proving that she was unable to pay the fine. See U.S.S.G. § 5E1.2(a); United States v. Orlando, 553 F.3d 1235, 1239-40 (9th Cir. 2009). Moreover, the $75,000 fine was not unreasonable.

  8. U.S. v. Schulze

    360 F. App'x 774 (9th Cir. 2009)   Cited 1 times

    The district court did not clearly err because the record contains sufficient evidence that Schulze owns a 1995 Chevrolet pick-up truck that may be sold to satisfy the fine. See United States v. Orlando, 553 F.3d 1235, 1240 (9th Cir. 2009); United States v. Ladum, 141 F.3d 1328, 1344 (9th Cir. 1998). The district court properly denied Schulze's motion for reconsideration for the same reason.

  9. United States v. Uvari

    No. 23-910 (9th Cir. Oct. 28, 2024)

    "The district court must consult the Guidelines' recommendation, the [18 U.S.C.] § 3553(a) factors, and the 18 U.S.C. § 3572(a) factors to determine the appropriateness of the imposition of a fine and its amount." United States v. Orlando, 553 F.3d 1235, 1239 (9th Cir. 2009).

  10. United States v. Buck

    No. 22-50091 (9th Cir. Oct. 21, 2024)

    See United States v. Orlando, 553 F.3d 1235, 1240 (9th Cir. 2009).