United States v. Bonifacio Hernandez-Terrones

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Bonifacio HERNANDEZ-TERRONES, Defendant-Appellant. No. 91-50315. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1992. * Decided April 24, 1992. Before CANBY, REINHARDT and WIGGINS, Circuit Judges MEMORANDUM ** Defendant/Appellant, Bonifacio Hernandez-Terrones, was convicted of harboring illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(C) (1988). Hernandez-Terrones appeals only that part of his sentence wherein the district court ordered him to reimburse the government for the fees and costs of his appointed counsel. Hernandez-Terrones filed a timely notice of appeal on May 27, 1991, and we have jurisdiction pursuant to 28 U.S.C. § 1291 (1988). The government concedes that the district court erred in ordering Hernandez-Terrones to reimburse the government without first making a finding that he has the ability to do so. See United…