Unpublished Disposition, 894 F.2d 410 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 894 F.2d 410 (9th Cir. 1990)

UNITED STATES Of America, Plaintiff-Appellee,v.William Thomas FRALIN, Defendant-Appellant.

No. 89-30051.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 10, 1990.* Decided Jan. 25, 1990.

Before JAMES R. BROWNING, BEEZER and RYMER, Circuit Judges.

MEMORANDUM** 

William Thomas Fralin was convicted upon entry of a guilty plea of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Fralin was thereafter sentenced to a term of imprisonment of 14 months, to be followed by a three year term of supervised release. The court imposed special conditions of supervised release, including 200 hours of community service and "full payment through the probation office of his attorney's fees and costs of supervision in this matter."

The imposition of financial penalties must be supported by factual findings that funds are available for payment. United States v. Seminole, 882 F.2d 441, 443 (9th Cir. 1989). The penalty imposed in this case was not adequately supported by factual findings in the record. Accordingly, we vacate the sentence imposed and remand the case to the district court for resentencing.1 

VACATED and REMANDED.


 *

The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3

 1

If it becomes appropriate, the district court might consider, with the parties' consent, conducting resentencing proceedings by use of telephone conference facilities