United States of America v. Garudadas Wawero Marshall

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GARUDADAS WAWERO MARSHALL,
Defendant - Appellant.
No. 13-10518
D.C. No. 3:13-cr-00009-RCJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, District Judge, Presiding
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Garudadas Wawero Marshall appeals from the district court’s judgment and
challenges the fine imposed following his guilty-plea conviction for being a felon
in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
MAY 21 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Marshall contends that the district court erred by finding that he had the
ability to pay the $1,000 fine imposed. We review for clear error the district
court’s determination that a defendant is able to pay a fine. See United States v.
Orlando, 553 F.3d 1235, 1240 (9th Cir. 2009). Even accepting that Marshall was
indigent at the time of sentencing, he failed to demonstrate his inability to pay
because he presented no evidence that he would be unable to participate in an
earnings program while incarcerated or otherwise pay the fine in the future.
Therefore, the district court did not err by imposing the below-Guidelines fine. See
id. (“[T]he court may fine a currently indigent defendant, if it finds that he has
earning capacity to pay the fine in the future”).
AFFIRMED.
13-10518 2

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