Shafer v. State

Defendant pleaded guilty to one count of welfare fraud. Consistent with the plea agreement, the district court imposed a three to eight year sentence and ordered that Defendant pay $90,723 in restitution. Defendant appealed, arguing that it was not reasonable for the district court to order her to pay the entire restitution amount when it was clear from the record that she would be unable to pay it. The Supreme Court affirmed the district court’s restitution order, holding that, under the circumstances, the district court’s failure to find that Defendant had no ability to pay was not unreasonable, and its failure to find that no reasonable probability existed that she would have the ability to pay in the future was not unreasonable. View "Shafer v. State" on Justia Law