United States v. Gerald C. Strachan

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gerald C. STRACHAN, Defendant/Appellant. No. 93-30004. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1993. Decided Feb. 1, 1994. 1 Before: CANBY and NOONAN, Circuit Judges, and ORRICK, * Senior District Judge 2 MEMORANDUM ** 3 Appellant, Gerald C. Strachan, who was convicted in this criminal case for, among other things, distribution of cocaine and was sentenced in part to pay a cost-of-incarceration fine, challenges the imposition of the fine. Strachan contends that the fine is invalid and unconstitutional and that the district court abused its discretion by not considering whether he had the ability to pay the fine. 4 Appellant is correct that the district court must consider whether he has the ability to pay this fine and, therefore, we vacate the sentence of the fine and remand for resentencing on the fine only. 1 5 Appellant was…