Hanafi Monem pleaded guilty to conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h). In
United States v. Monem,
Two days after our decision was announced, the district court issued an order pursuant to our directive. The court explained that “[w]hile the ... [PSR] recommended that the Court impose a fine below the guideline range, the Court imposed the minimum fine of $15,000 for the following reasons”:
First, the Court accepts the PSR recommendation that some fine be imposed. (The Court rejected the suggestion of the government that no fine be imposed.)
Second, the Court ordered Monem to participate in the Federal Bureau of Prisons Inmate Financial Responsibility Program and defendant Monem will have the opportunity to pay quarterly against the fine with earnings from this Program.
Third, the Court finds that defendant Monem shielded assets from the government, which justifies a larger fine than that recommended by the PSR.
Fourth, the Court will accept the PSR’s suggestion that defendant Monem be allowed to pay any balance due and owing on the fine in installments after his release.
Arguing that the district court again misconstrued the PSR and applied an incorrect legal standard, Monem now appeals this order. In the alternative, he argues that he was entitled to an opportunity to be heard before the district court issued its order. For the following reasons, we affirm.
Before discussing the district court’s order, we reiterate the standards that guided the district court’s selection of a fine and that govern our review of its decision. Section 5E 1.2(a) of the Guidelines commands that a court “shall impose a fine in all cases, except where the defendant establishes that he is unable to pay and is not likely to become able to pay any fine.” Unless a defendant establishes his inability to pay all or part of a fine, the fine imposed “shall be within the range specified” in the table set forth in subsection (c) of section 5E1.2, in addition to the costs of imprisonment, probation, or supervised release. U.S.S.G. § 5E1.2(b)-(i).
See generally United States
*647
v. Turner,
The district court’s order makes clear that Monem’s sentence was not based on a misreading of the PSR. To the contrary, the order acknowledges at the outset that the PSR “recommended that the Court impose a fine below the guideline range.” Although Monem argues that the PSR’s suggestion that he “could” pay a reduced fine did not, as the district court indicated, constitute a recommendation that he pay a fine, we do not think much of this distinction, particularly in light of the Guidelines’ clear preference in most cases for the imposition of a fine. What is important is that the district court understood the PSR and articulated a rationale for its conclusion where it disagreed with the PSR. Although Monem faults the court for ignoring what he takes to be the PSR’s suggestion that Monem begin paying the fine “once released,” the district court was free, within certain limits, to structure its own payment schedule. Section 5E 1.2(f)(1) places upon the defendant the burden to establish that “he is not able and, even with the use of a reasonable installment schedule, is not likely to become able to pay all or part of the fine required.” (Emphasis added.) Monem clearly has not met that burden here, where the district court’s order contemplates that he “be allowed to pay any balance due and owing on the fine in installments after his release.”
Monem also takes issue with the district court’s observation that he “shielded assets from the government.” It is undeniable that Monem did, in fact, conceal assets.
See Monem,
Finally, we reject Monem’s claim that he was entitled to a new hearing. Monem had his sentencing hearing and chose not to contest the fine. We did not vacate his sentence, but remanded for the district court *648 to present its logic in a fashion amenable to appellate review. The court has now done so, and we have concluded that its imposition of the fine did not violate the law. Consequently, we Affirm the district court’s decision to impose the $15,000 fine.
