United States of America, Plaintiff-appellee, v. Jessie Davalos Rocha, Defendant-appellant, 83 F.3d 430 (9th Cir. 1996)

MEMORANDUM^** 

Jessie Davalos Rocha appeals the fine imposed as part of his sentence following entry of a guilty plea to use of a communication facility in furtherance of a narcotics felony, in violation of 21 U.S.C. § 843(b). We have jurisdiction under 28 U.S.C. § 1291, and affirm.

Rocha contends that the district court erred by imposing the $25,000 fine pursuant to U.S.S.G. § 5E1.2(a) because he is indigent. Alleged sentencing errors will be reviewed for plain error when the defendant fails to object before the district court. United States v. Hernandez-Rodriguez, 975 F.2d 622, 628 (9th Cir. 1992). There was no plain error in this case. Rocha refused to provide financial information to the probation officer and thus failed to carry the burden of showing an inability to pay the fine. See U.S.S.G. § 5E1.2(f); United States v. Soyland, 3 F.3d 1312, 1315 (9th Cir. 1993), cert. dismissed, 115 S. Ct. 32 (1994).

AFFIRMED.