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United States v. Dabbs, 95-2914 (1998)

Court: Court of Appeals for the Eleventh Circuit Number: 95-2914 Visitors: 13
Filed: Feb. 06, 1998
Latest Update: Feb. 21, 2020
Summary: BARKETT, Circuit Judge, concurring in part and dissenting in part: I concur in the majority opinion except as to the majority’s affirmance of the restitution order imposed against appellant Floyd. I do not believe that the record reflects that the district court considered Floyd’s ability to pay $593,456.82 in restitution, especially where the PSI found that Floyd did not have the ability to pay a fine within the guideline range of $6,000 to $60,000. Accordingly, I would remand the case to the d
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BARKETT, Circuit Judge, concurring in part and dissenting in part: I concur in the majority opinion except as to the majority’s affirmance of the restitution order imposed against appellant Floyd. I do not believe that the record reflects that the district court considered Floyd’s ability to pay $593,456.82 in restitution, especially where the PSI found that Floyd did not have the ability to pay a fine within the guideline range of $6,000 to $60,000. Accordingly, I would remand the case to the district court for consideration of Floyd’s ability to pay.
Source:  CourtListener

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