United States v. Yat Wah Yuk, Aka: Jonathan Yok, Eric Yuk, Eric Wah, Andrew Shiau, Yat Wah, Yat Yuk Shau

19 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Yat Wah YUK, aka: Jonathan Yok, Eric Yuk, Eric Wah, Andrew Shiau, Yat Wah, Yat Yuk Shau, Defendant-Appellant. No. 93-50542. United States Court of Appeals, Ninth Circuit. Submitted Feb. 24, 1994. * Decided March 3, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Yat Wah Yuk appeals the $4000 fine imposed upon him in connection with his guilty plea for two counts of being a felon in possession of a firearm in violation of 18 U.S.C. Secs. 922 (g)(1), 924(d)(1). Yuk contends the district court erred by imposing the fine despite his inability to pay. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 We review for clear error a district court's determination that a defendant has the ability to pay a fine. United States v. Favorito, 5 F.3d 1338, 1339 (9th Cir.1993), petition for cert. filed, (U.S. Dec. 27, 1993)…