Filed: Jun. 25, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-31288 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GLORIA WASHINGTON TURNER, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 98-CR-10008-2 - - - - - - - - - - June 24, 1999 Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* Gloria Washington Turner appeals the district court’s order requiring her
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-31288 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GLORIA WASHINGTON TURNER, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 98-CR-10008-2 - - - - - - - - - - June 24, 1999 Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* Gloria Washington Turner appeals the district court’s order requiring her t..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-31288
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GLORIA WASHINGTON TURNER,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 98-CR-10008-2
- - - - - - - - - -
June 24, 1999
Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Gloria Washington Turner appeals the district court’s order
requiring her to pay a $4,000 fine in connection with her
conviction for conspiracy to commit social security fraud.
Turner contends only that the Presentence Report (“PSR”) shows
that it is “patently unrealistic” to assume that Turner can pay
her fine in $120 monthly installments, as ordered by the district
court. Citing United States v. Fair,
979 F.2d 1037, 1041 (5th
Cir. 1992), Turner argues that the Government failed to provide
information showing that Turner has an ability to pay the fine
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 98-31288
-2-
and that the district court failed to make specific findings
regarding Turner’s ability to pay.
Turner concedes that the standard of review is plain error
because she failed to object to the imposition of a fine in the
district court. See United States v. Landerman,
167 F.3d 895,
899 (5th Cir. 1999). To demonstrate plain error, an appellant
must show clear or obvious error that affects her substantial
rights; if she does, this court has discretion to correct a
forfeited error that seriously affects the fairness, integrity,
or public reputation of judicial proceedings, but is not required
to do so. United States v. Calverley,
37 F.3d 160, 162-64 (5th
Cir. 1994) (en banc) (citing United States v. Olano,
507 U.S.
725, 730-35 (1993)).
The Sentencing Guidelines provide that the “court shall
impose a fine in all cases, except where the defendant
establishes that [she] is unable to pay and is not likely to
become able to pay any fine.” U.S.S.G. § 5E1.2(a). A defendant
bears the burden of proving her inability to pay a fine.
Landerman, 167 F.3d at 899. “The defendant may rely on the
presentence report in order to establish [her] inability to pay
the fine.”
Id. (citing Fair, 979 F.2d at 1041).
As in Landerman, the PSR indicates that Turner has some
ability to pay the fine.
See 167 F.3d at 899-900. Unlike Fair,
in which the probation officer stated that the defendant did not
appear to have the ability to pay a fine in installments,
see 979
F.2d at 1040, the probation officer stated that it would be
“difficult” for Turner to pay a fine and suggested that, if a
No. 98-31288
-3-
fine was imposed, that Turner be permitted to pay the fine in
installments. Turner has a history of gainful employment and is
still relatively young. Turner has failed to establish plain
error. The judgment is
AFFIRMED.