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Failure to Impose Fine Not Clear Error

By Jonathan Byrne

US v. Fields: In 2006, Fields was initially sentenced to a term of 12 months in prison (following a conviction for making a false loan application) and a $2000 fine, in spite of the district court concluding that Fields did not have the ability to pay a fine. He appealed and the Fourth Circuit vacated the sentence and remanded for resentencing. At resentencing, the district court imposed the same 12-month sentence and made the same finding about Fields's ability to pay a fine. However, the district court did not reimpose the $2000 fine. Four days later, the district court sua sponte convened a new sentencing hearing and imposed a $2000 fine. Over Fields's objection, the district court explained that it knew "exactly what [it] had in mind" and that it "intended to impose a fine" at resentencing...continue to full post

Full post as published by Fourth Circuit Blog on January 20, 2009 (boomark / email).