United States v. Edgar Quan-Guerra

Good Law
91 Daily Journal DAR 3913·929 F.2d 1425·1991 WL 44417·1991 U.S. App. LEXIS 5352·91 Cal. Daily Op. Serv. 2452
United States Court of Appeals for the Ninth CircuitApril 4, 199190-10074California715 words

Opinion

Opinion

Tang, J.

OVERVIEW

Edgar Quan-Guerra was found guilty of possessing a weapon in prison. The district court fined Quan-Guer-ra $500. Quan-Guerra appeals his fine. We affirm.

FACTUAL AND PROCEDURAL HISTORY

Edgar Quan-Guerra was serving time in prison when he was found in possession of a shank. After the jury convicted him for this unlawful possession, the district court sentenced him according to the Sentencing Guidelines. The court found that Quan-Guerra was “financially unable to pay a fine within the guideline range, but that he would be financially able to pay a lesser fine.” The court fined Quan-Guerra $500.

Quan-Guerra informed the probation officer, in connection with the presentence report, that he had no assets or liabilities. He also informed the probation officer that his income was limited to his salary from prison employment.

On September 25, 1989, Quan-Guerra filled out a financial affidavit to secure the services of the public defender. In it he stated he had no assets, no debts, and was not employed. Quan-Guerra argues that the district court erred in assessing a $500 fine.

STANDARD OF REVIEW

We review the legality of a criminal sentence de novo. United States v.…

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