United States v. Jimmy Dale Gomer

SWYGERT, Senior Circuit Judge.

Jimmy Dale Gomer pled guilty to bank robbery and was sentenced to twenty-five years imprisonment and ordered to forfeit $7,272.00 as restitution to the victims of the robberies, pursuant to the Victim and Witness Protection Act of 1982, 18 U.S.C. §§ 1512-14, 3579-80 (1982) (“VWPA”). He appeals only from the restitution sentence. Because the VWPA requires the sentencing judge to consider “the financial needs and earning ability of the ... defendant’s dependents,” 18 U.S.C. § 3580(a), we vacate the restitution sentence and remand for resentencing in light of this…