Circuit split · criminal sentencing

Whether a district court is required to make express factual findings on the record regarding a defendant's ability to pay when imposing a fine

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

United States v. Jackson-Randolph282 F3D 369
Sixth Circuit Court of Appeals · February 22, 2002
“We have noted a split among the circuits, but have not ruled, on whether a district court is required to make express factual findings on the record when determining the ability to pay a fine.” — Acknowledges a circuit split
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The provision at issue

18 U.S.C. § 3572 — Imposition of a sentence of fine and related matters

“(a) Factors To Be Considered.— In determining whether to impose a fine, and the amount, time for payment, and method of payment of a fine, the court shall consider, in addition to the factors set forth in section 3553(a)— (1) the defendant’s income, earning capacity, and financial resources; (2) the burden that the fine will impose upon the defendant, any person who is financially dependent on the defendant, or any other person (including a government) that would be responsible for the welfare of any person financially dependent on the …”

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The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

Discussed · 6th Cir.United States v. Tosca18 F.3d 1352
“Tosca, 18 F.3d 1352 , 1354-55 (6th Cir.1994)(implying that detailed findings are not necessary where it could be inferred that the district court considered the defendant’s ability to pay and other factors).” — United States v. Jackson-Randolph, acknowledging the split

What the split turns on

Statutes:: 18 U.S.C. § 3572(a) ·; 18 U.S.C. § 3572(b) ·; 18 U.S.C. § 3742(f)(1)

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.