United States v. Bonner

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40688
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VIRDIS LARON BONNER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-00-CR-227-1
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January 3, 2002
Before REAVLEY, DAVIS and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Virdis Laron Bonner appeals from his resentencing following
his guilty-plea conviction for aiding and abetting bank fraud.
Bonner’s sole argument on appeal is that the district court erred
by failing to consider his economic circumstances before setting
his payment schedule. He concedes that, because he failed to
object to the restitution order in district court, this issue is
reviewed only for plain error.
In setting the manner in which, and the schedule according
to which, the restitution is to be paid, the sentencing court is

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No. 01-40688
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required to consider the defendant’s financial situation. See 18
U.S.C. § 3664(f)(2). In the instant case, the district court
adopted the PSR’s findings as to Bonner’s financial status and
affirmed its intention to consider Bonner’s ability to pay when
determining the payment schedule for his restitution. The
instant situation does not constitute reversible error.
AFFIRMED.

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