United States v. Joseph Jeffrey Ziereis

21 F.3d 1119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph Jeffrey ZIEREIS, Defendant-Appellant. No. 93-50319. United States Court of Appeals, Ninth Circuit. Submitted April 8, 1994. * Decided April 14, 1994. Before: BROWNING, PREGERSON, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Joseph Jeffrey Ziereis ("Ziereis") appeals the restitution component of his sentence by challenging the district court's finding that he had the future ability to pay restitution in the amount of $100,000.00. 3 Under the Victim and Witness Protection Act ("VWPA"), the district court has authority to order restitution. 18 U.S.C. Sec. 3663 (a)(1). "[I]n determining whether to order restitution ... and the amount of such restitution, [the court must consider, among other factors,] the financial resources of the defendant, [and] the financial needs and earning ability of the defendant...." 18 U.S.C. Sec. 3664 (a). The district court is…