United States of America, Plaintiff-appellee, v. Jaime Ferreyra-tagle, Defendant-appellant, 942 F.2d 794 (9th Cir. 1991)

MEMORANDUM^** 

Jaime Ferreyra-Tagle, a Peruvian attorney, appeals the district court's imposition of a $10,000 fine after he pled guilty to witness tampering in violation of 18 U.S.C. § 1512(b). Ferreyra-Tagle contends the court had no information as to his present financial condition, and that the record failed to establish whether he had the earning capacity to pay a fine after his release from incarceration. He claims the court failed to make specific findings on the record to show it considered the seven factors listed under U.S.S.G. § 5E1.2(d) to determine the amount of the fine. See United States v. Seminole, 882 F.2d 441, 443 (9th Cir. 1989) ("the Guidelines specifically require the district court to consider the ability of the defendant to pay the fine (including the ability to pay over a period of time) in light of his earning capacity and financial resources.").

Our review of the record satisfies us that the district court considered all the required factors in evaluating Ferreyra-Tagle's ability to pay this fine. Moreover, Ferreyra-Tagle has failed to meet his burden of establishing his present inability to pay the fine or that he will be unable to pay it in the future. See United States v. Quan-Guerra, 929 F.2d 1425, 1427 (9th Cir. 1991).

AFFIRMED.