District court must consider defendant’s financial resources on the record before ordering victim restitution

SENTENCING United States v. Ahidley, No. 06-2056, ___ F.3d ___ (10th Cir. May 25, 2007)(New Mexico). Appeal of restitution order imposed as part of sentence for crimes of assault with dangerous weapon and assault resulting in serious bodily injury in Indian Country in violation of 18 U.S.C. § 113(a)(3), 18 U.S.C. § 113(a)(6), and 18 U.S.C. § 1153. HELD: District court committed reversible plain error by ordering defendant to pay victim restitution immediately under Mandatory Victim Restitution Act without indicating on record that court had considered defendant’s financial resources and other factors at 18 U.S.C. § 3664(f)(2). Read the opinion here.