Adams

*250 MEMORANDUM *

Ronald Bruce Adams seeks resentencing arguing that the district court: 1) improperly considered his socioeconomic status in imposing his fine; 2) violated his Fifth Amendment right to remain silent by imposing a larger fine after he refused to disclose information about his drug operation; and 3) unreasonably imposed a fine given that there was no evidence showing ill-gotten gains. We reject all three arguments.

The district court did not plainly err in discussing Adams’ financial resources in imposing the fine. Socioeconomic status is different than financial resources. See Webster’s New World College Dictionary 1361 (4th ed.2005) (defining “socioeconomic” as “of or involving both social and economic factors”). The former has no place in sentencing, see U.S.S.G. § 5H1.10 (Nov.2005), but the latter is required by statute, see 18 U.S.C. § 3572 (a) (“In determining whether to impose a fine, and the amount ... the court shall consider ... (1) the defendant’s income, earning capacity, and financial resources”) (emphasis added); see also U.S.S.G. § 5E1.2(d) (Nov.2005) (“In determining the amount of the fine, the court shall consider ... defendant’s ability to pay…