Sunday, May 20, 2018

Defendant Has Burden of Proving Inability to Pay Fine

United States v. Sanchez-Urias, 887 F.3d 1069 (10th Cir. 2018) (CO): When an accused argues that he is unable to afford a fine, it is his burden to show that he lacked the assets to pay the fine. Since Sanchez refused to provide financial information at his presentence interview and other evidence in the record showed he had some financial wherewithal, the panel finds the district court did not err in finding that Sanchez had not established his inability to pay.