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and whether restitution was ordered.1 H. Rept. 98-906, supra
at 4, 13-15.
1 18 U.S.C. sec. 3622 provides as follows:
SEC. 3622. Factors relating to imposition of fines
(a) In determining whether to impose a fine and the
amount of a fine, the court shall consider, in addition to
other relevant factors--
(1) the nature and circumstances of the offense;
(2) the history and characteristics of the
defendant;
(3) the defendant's income, earning capacity, and
financial resources;
(4) the burden that the fine will impose upon the
defendant, any person who is financially dependent on
the defendant, or any other person (including a
government) that would be responsible for the
welfare of any person financially dependent on the
defendant, relative to the burden that alternative
punishments would impose;
(5) any pecuniary loss inflicted upon others as a
result of the offense;
(6) whether restitution is ordered and the amount
of such restitution;
(7) the need to deprive the defendant of illegally
obtained gains from the offense;
(8) whether the defendant can pass on to consumers
or other persons the expense of the fine; and
* * * * * * *
(b) If, as a result of a conviction, the defendant has
the obligation to make restitution to a victim of the
offense, the court shall impose a fine or penalty only to
the extent that such fine or penalty will not impair the
ability of the defendant to make restitution.
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