United States v. Michael A. Cannizzaro, 871 F.2d 809 (9th Cir. 1989). · Go Syfert
United States v. Michael A. Cannizzaro, 871 F.2d 809 (9th Cir. 1989). Cases Citing This Book View Copy Cite
“there is a material difference between requiring a district court to make findings of fact and requiring it to consider certain factors.”
94 citation events (15 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Brian Barnes (ca9, 1993-10-27)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Brian Barnes (3×) also: Cited as authority (rule)
9th Cir. · 1993 · signal: see · quote attribution · 1 verbatim quote · confidence high
there is a material difference between requiring a district court to make findings of fact and requiring it to consider certain factors.
discussed Cited as authority (rule) Carroll Ex Rel. AKC v. Lawton Independent School District No. 8 (2×)
10th Cir. · 2015 · confidence medium
No. 377, 871 F.2d 809, 813 (10th Cir.1989).
discussed Cited as authority (rule) United States v. Earl
9th Cir. · 2009 · confidence medium
See United States v. Michlin, 34 F.3d 896, 900-01 (9th Cir.1994) (“There is simply no merit to Walker’s contention that the indictment violated the Double Jeopardy Clause by charging him both with armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d), and with carrying a firearm during the commission of a crime of violence in violation of § 924(c).”); United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.1989) (court does not violate Double Jeopardy Clause by imposing consecutive sentences under 18 U.S.C. § 2113 (a) and (d), and 18 U.S.C. § 924 (c)).
discussed Cited as authority (rule) United States v. Earl
9th Cir. · 2009 · confidence medium
See United States v. Michlin, 34 F.3d 896, 900-01 (9th Cir.1994) (“There is simply no merit to Walker’s contention that the indictment violated the Double Jeopardy Clause by charging him both with armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d), and with carrying a firearm during the commission of a crime of violence in violation of § 924(c).”); United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.1989) (court does not violate Double Jeopardy Clause by imposing consecutive sentences under 18 U.S.C. § 2113 (a) and (d), and 18 U.S.C. § 924 (c)).
cited Cited as authority (rule) United States v. Sampson
9th Cir. · 2004 · confidence medium
United States v. Smith, 944 F.2d 618, 623 (9th Cir.1991) (quoting United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.1989)).
discussed Cited as authority (rule) United States v. Paz
9th Cir. · 2003 · signal: cf. · confidence medium
The district court did not plainly err in its restitution order, because the sum awarded was not grossly disproportionate to the criminal offense, see United States v. Dubose, 146 F.3d 1141, 1145 (9th Cir.1998) (proportionality is inherent in an 18 U.S.C. § 3663 restitution order), and because the district court properly relied on the presentence report in determining the amount of restitution, see 18 U.S.C. § 3664 ; cf. United States v. Cannizzaro, 871 F.2d 809, 812 (9th Cir.1989) (upholding restitution order where presentence report contained information regarding the defendant’s finance…
discussed Cited as authority (rule) United States v. Rodriguez
9th Cir. · 2001 · confidence medium
The Presentence Report indicates that the probation officer did in fact contact a Sanyo representative and also contains information about Rodriguez’s family situation, education, business concerns and financial condition, indicating that the court “had at [its] disposal information bearing on the considerations enumerated in section 3664.” United States v. Mills, 991 F.2d 609, 611 (9th Cir.1993) (quoting United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.1989)).
discussed Cited as authority (rule) United States v. Exarhos (2×)
11th Cir. · 1998 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 , 110 S.Ct. 245 , 107 L.Ed.2d 195 (1989).
cited Cited as authority (rule) United States v. Exarhos
11th Cir. · 1998 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 , 110 S.Ct. 245 , 107 L.Ed.2d 195 (1989).
cited Cited as authority (rule) United States v. Rezaq, Omar Mohammed
D.C. Cir. · 1998 · signal: cf. · confidence medium
Cf. United States v. Cannizzaro, 871 F.2d 809, 811-12 (9th Cir.1989).
discussed Cited as authority (rule) United States v. William Williams
9th Cir. · 1997 · confidence medium
Although the district court is not required to make findings of fact regarding the defendant's financial condition, (United States v. Cannizzaro, 871 F.2d 809, 810-11 (9th Cir.), cert. denied, 493 U.S. 895 (1989)), the record must reflect that the district court had at its disposal information relating to the defendant's financial position.
cited Cited as authority (rule) United States v. Helton Luu, Aka: Phuc Nguyet Luu
9th Cir. · 1997 · confidence medium
See U.S.S.G. § 5E1.1, comment (backg'd.) (1995); United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.1989).
discussed Cited as authority (rule) United States v. Melvin Anthony Amarel (2×) also: Cited "see"
9th Cir. · 1996 · confidence medium
See Mills, 991 F.2d at 611 (requirements met when district court had access to presentence report and defense counsel's briefs and oral argument on ability to pay); Cannizzaro, 871 F.2d at 812 (district court's reference to information in presentence report discharged its statutory obligations to consider defendant's financial situation). 10 Moreover, there is "some evidence" in the record to indicate that Amarel has some ability to pay the restitution in the future and has not made a good faith effort to comply with his restitution obligations. 1 Despite Amarel's bankruptcy filing, he has dem…
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Bernadette H. SABLAN, Defendant-Appellant
9th Cir. · 1996 · confidence medium
Although the district court is not required to make findings of fact regarding the defendant’s financial condition, United States v. Cannizzaro, 871 F.2d 809, 810-11 (9th Cir.), cert. denied, 493 U.S. 895 , 110 S.Ct. 245 , 107 L.Ed.2d 195 (1989), the record must reflect that the district court had at its disposal information relating to the defendant’s financial position.
cited Cited as authority (rule) United States v. Michael J. Connell
9th Cir. · 1996 · signal: cf. · confidence medium
Cf. United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 (1989). 15 U.S.S.G. § 5E1.2(i) is a valid exercise of the Sentencing Commission's authority.
cited Cited as authority (rule) United States v. Jose Mauro Guel-Perez
9th Cir. · 1996 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810-11 (9th Cir.), cert. denied, 493 U.S. 895 (1989).
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Peter A. BEIERLE, Defendant-Appellant
9th Cir. · 1996 · confidence medium
See 18 U.S.C. § 924 (c)(1); United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.) (consecutive sentences can be imposed for convictions under sections 2113(d) and 924(c)), cert. denied, 493 U.S. 895 , 110 S.Ct. 245 , 107 L.Ed.2d 195 (1989).
discussed Cited as authority (rule) United States v. Charles Jerome White (2×) also: Cited "see"
9th Cir. · 1995 · confidence medium
However, the district court is not required to make factual findings as to any of these factors, United States v. Miguel, 49 F.3d 505, 511 (9th Cir.), cert. denied, 115 S.Ct. 2628 (1995); rather, the record must reflect that the judge had information bearing on the factors, United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.), cert. denied, 493 U.S. 895 (1989), and "that the judge gave thought to the relevant information," United States v. Mills, 991 F.2d 609, 611 (9th Cir.1993).
cited Cited as authority (rule) United States v. Johnny Lee Hodge, United States of America v. Johnny Lee Hodge, AKA Johnny Hasson Mitchell Jonathan Johnny Derret Johnny Morgan
9th Cir. · 1995 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810-11 (9th Cir.), cert. denied, 493 U.S. 895 (1989).
cited Cited as authority (rule) United States v. Murray I. Brooks, United States of America v. Croft Ireland
9th Cir. · 1995 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.), cert. denied, 493 U.S. 895 (1989).
discussed Cited as authority (rule) United States v. Kristian Luckett, AKA Kenneth Clark
9th Cir. · 1995 · confidence medium
This argument is foreclosed by United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.) ("Congress intended those convicted of violating both Sec. 924(c) and Sec. 2113(d) to receive cumulative sentences."), cert. denied, 493 U.S. 895 (1989); see also United States v. Browne, 829 F.2d 760, 766 (9th Cir.1987) (imposition of consecutive sentences for violations of Secs. 2113 and 924(c) does not implicate double jeopardy clause), cert. denied, 485 U.S. 991 (1988).
discussed Cited as authority (rule) United States v. Graden James Miguel (2×) also: Cited "see"
9th Cir. · 1995 · confidence medium
Section 3664(a) merely provides that the court “shall consider” a variety of factors: The court, in determining whether to order restitution under section 3663 of this title *511 and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant’s dependents, and such other factors as the court deems appropriate. 18 U.S.C. § 3664 (a). “[Requiring the district court to consider certain factors grants the court br…
discussed Cited as authority (rule) United States v. Thomas H. Hutchens (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
See Baker, 25 F.3d at 1455 ; United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.1989) (government bears burden of proving losses sustained by a victim).
discussed Cited as authority (rule) United States v. Sharon Mabel Day (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
Baker, 25 F.3d at 1455 ; United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.1989). 7 The district court's findings were inadequate to show that the government had satisfied its burden of proof as to the award to Wallace Taylor. 1 The only "evidence" of Taylor's alleged loss is a general statement in the presentence report which makes no reference to the time frame of the loss or the source of the information.
discussed Cited as authority (rule) United States v. Anita Prasad
9th Cir. · 1994 · confidence medium
However, the district court need not make factual findings on these factors or discuss them on the record, as long as the record reflects " 'that the district judge had at his disposal information bearing on the considerations enumerated in section 3664.' " Mills, 991 F.2d at 611 (quoting United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.) (reference to information in a presentence report provides a sufficient basis for concluding that the district court discharged its responsibilities under Sec. 3664), cert. denied, 493 U.S. 895 (1989)).
discussed Cited as authority (rule) United States v. Jomar Michlin, United States of America v. Rahsaan Walker
9th Cir. · 1994 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.) (court does not violate Double Jeopardy Clause by imposing consecutive sentences under 18 U.S.C. § 2113 (a) and (d) and 18 U.S.C. § 924 (c)), cert. denied, 493 U.S. 895 , 110 S.Ct. 245 , 107 L.Ed.2d 195 (1989); United States v. Browne, 829 F.2d 760, 767 (9th Cir.1987) (same), cert. denied, 485 U.S. 991 , 108 S.Ct. 1298 , 99 L.Ed.2d 508 (1988); United States v. Blocker, 802 F.2d 1102, 1105 (9th Cir.1986) (same).
cited Cited as authority (rule) United States v. James Caterino
9th Cir. · 1994 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810-811 (9th Cir.), Cert. denied, 493, U.S. 895 (1989).
cited Cited as authority (rule) United States v. Swinton Phillip
9th Cir. · 1994 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 (1989).
discussed Cited as authority (rule) United States v. Garland James Guidry (2×)
9th Cir. · 1994 · confidence medium
United States v. Mills, 991 F.2d 609, 611 (9th Cir.1993); United States v. Cannizzaro, 871 F.2d 809, 810-11 (9th Cir.), cert. denied, 493 U.S. 895 (1989).
cited Cited as authority (rule) United States v. Charles Joseph McGuirk
9th Cir. · 1994 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 (1989).
discussed Cited as authority (rule) United States v. Ronald Keith Baker, United States of America v. Robert Majors
9th Cir. · 1994 · signal: cf. · confidence medium
Cf. United States v. Cannizzaro, 871 F.2d 809, 812 (9th Cir.) (remanding because the district court failed to determine whether the victim had received compensation from a third party for its losses and stating that the defendants may be ordered to repay the third party directly if the third party has paid such compensation), cert. denied, 493 U.S. 895 , 110 S.Ct. 245 , 107 L.Ed.2d 195 (1989).
discussed Cited as authority (rule) United States v. Reginald Eugene Hadnot (2×)
9th Cir. · 1994 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 (1989).
cited Cited as authority (rule) United States v. Andres Soto
9th Cir. · 1994 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 (1989).
discussed Cited as authority (rule) United States v. James Gregory Grimes
9th Cir. · 1994 · confidence medium
Sec. 3664 , a court need not "make findings of fact concerning [the defendant's] financial condition before imposing restitution." United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 (1989).
cited Cited as authority (rule) United States v. Gary A. Newman
9th Cir. · 1993 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 , 110 S.Ct. 245 , 107 L.Ed.2d 195 (1989).
discussed Cited as authority (rule) United States v. Sue Monroe
9th Cir. · 1993 · confidence medium
United States v. Ramilo, 986 F.2d 333, 335 (9th Cir.1993) (citing United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.), cert. denied, 493 U.S. 895 (1989)). 37 The second part of Monroe's argument also lacks merit.
cited Cited as authority (rule) United States v. Huwell Craig, (Three Cases)
9th Cir. · 1993 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 (1989); 18 U.S.C. § 3664 (a).
discussed Cited as authority (rule) United States v. Richard Lee Mills
9th Cir. · 1993 · confidence medium
Although the district court must consider the factors listed in § 3664(a), the court is not required to make findings of fact, United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.), cert. denied, 493 U.S. 895 , 110 S.Ct. 245 , 107 L.Ed.2d 195 (1989), or even to discuss the factors on the record, United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Ceferino Garcia, AKA Perry Garcia
9th Cir. · 1993 · confidence medium
United States v. Cloud, 872 F.2d 846 , 855 n. 11 (9th Cir.), cert. denied, 493 U.S. 1002 (1989); United States v. Cannizzaro, 871 F.2d 809, 811-12 (9th Cir.) (no error where PSR contained sufficient information for district court to consider section 3664 factors, defendant did not challenge PSR, and district court made "specific references" to PSR during sentencing hearing), cert. denied, 493 U.S. 895 (1989). 14 Garcia concedes that the amount of restitution ordered matches the loss caused by the offense, but argues that the district court erroneously ordered restitution without first consider…
cited Cited as authority (rule) United States v. Danford M. Bickmore
9th Cir. · 1993 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.), cert. denied, 493 U.S. 895 (1989).
discussed Cited as authority (rule) United States v. Obet Lagumbay Ramilo
9th Cir. · 1993 · confidence medium
We find no support, however, for the government’s contention that this possibility need not appear from the record at the time of sentencing unless the obligation to pay arises at that time. *335 The statute requires the court to consider the defendant’s financial resources and earning ability in determining the amount of restitution to be paid. 2 Although we have held the statute does not require express findings on these factors and grants the district court broad discretion in the kind and amount of evidence required, it does not “leave the district court free to disregard the statuto…
cited Cited as authority (rule) United States v. Harold Leroy Jackson, AKA Wayne Jackson, AKA C.K. Wilson, AKA Joseph Mazza
9th Cir. · 1992 · confidence medium
United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.), cert. denied, 493 U.S. 895 , 110 S.Ct. 245 , 107 L.Ed.2d 195 (1989).
discussed Cited as authority (rule) United States v. Michael D. Grant
9th Cir. · 1992 · confidence medium
The court need not make findings of fact concerning defendant's financial condition, United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 (1989), but the record must show that the district judge had at his disposal information from which he could make a determination of the defendant's ability to pay.
discussed Cited as authority (rule) United States v. Jerry D. Smith (2×)
9th Cir. · 1991 · confidence medium
We have stated that "[t]here is no textual support for [the] contention that the district court must make findings of fact concerning [defendant's] financial condition before imposing restitution." United States v. Cannizzaro, 871 F.2d 809, 810 (9th Cir.), cert. denied, 493 U.S. 895 , 110 S.Ct. 245 , 107 L.Ed.2d 195 (1989).
cited Cited "see" United States v. Johnson
9th Cir. · 2009 · signal: see · confidence high
See United States v. Cannizzaro, 871 F.2d 809, 810-11 (9th Cir. 1989); United States v. King, 257 F.3d 1013, 1028-29 (9th Cir.2001).
cited Cited "see" United States v. Johnson
9th Cir. · 2009 · signal: see · confidence high
See United States v. Cannizzaro, 871 F.2d 809, 810-11 (9th Cir. 1989); United States v. King, 257 F.3d 1013, 1028-29 (9th Cir.2001).
discussed Cited "see" United States v. Munz (2×)
9th Cir. · 2007 · signal: see · confidence high
See id. at 812 .
cited Cited "see" United States v. Joann Baggett, United States of America v. Curtis Burney, United States of America v. Victoria Hayes, United States of America v. Mark Grzesczuk
9th Cir. · 1997 · signal: see · confidence high
See United States v. Cannizzaro, 871 F.2d 809, 811-12 (9th Cir.1989) (court's consideration of presentence report sufficient evidence that it considered defendants' ability to pay restitution).
discussed Cited "see" United States v. Howard Laird
9th Cir. · 1997 · signal: see · confidence high
See United States v. Cannizzaro, 871 F.2d 809, 811 (9th Cir.) (noting that defendant carries the burden of proof under 18 U.S.C. § 3664 (d) of demonstrating "his financial resources (or lack thereof)"), cert. denied, 493 U.S. 895 (1989); cf. United States v. Smith, 944 F.2d 618, 623-24 (9th Cir.1991) (affirming restitution order of $12.8 million to be paid within five years of release from prison where defendant, who currently had few assets and numerous liabilities, possessed "unconventional financial abilities" and had wealthy business contacts), cert. denied, 503 U.S. 951 (1992). 10 AFFIRM…
cited Cited "see" United States v. Lawrence Edward Brown, Jr.
4th Cir. · 1994 · signal: see · confidence high
See United States v. Cannizzaro, 871 F.2d 809, 812 (9th Cir.1989); Bruchey, 810 F.2d at 459 . 8 We decline counsel's request to withdraw from representation of Appellant.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Michael A. CANNIZZARO, Defendant-Appellant
87-3165.
Court of Appeals for the Ninth Circuit.
Mar 23, 1989.
871 F.2d 809
James M. Hackett, Fairbanks, Alaska, for defendant-appellant., James L. Swartz, Asst. U.S. Atty., Anchorage, Alaska, for plaintiff-appellee.
Kozinski, Noonan, Thompson.
Cited by 69 opinions  |  Published
KOZINSKI, Circuit Judge:

Michael A. Cannizzaro appeals the district court’s denial of his motion to vacate, set aside or correct his sentence. Fed.R. Crim.P. 35(a). Following a plea of guilty, Cannizzaro was sentenced to two concurrent five-year terms for armed robbery and assault in the commission thereof, 18 U.S. C. § 2113(a), (d) (1982 & Supp. IV 1986), and a mandatory five-year consecutive term for use of a firearm in the commission of a felony, id. at § 924(c) (Supp. IV 1986), for his role in the April 25, 1986, armed robbery of the First National Bank of Anchorage. He argues that the court erred in imposing consecutive sentences for armed robbery and assault and for use of a firearm in the commission of a felony; that the court failed to make factual findings before ordering restitution under section 5 of the Victim and Witness Protection Act of 1982, 18 U.S.C. § 3664 (Supp. IV 1986); and that imposition of restitution violated the terms of Cannizzaro’s plea agreement. We review the legality of a criminal sentence de novo. United States v. Pomazi, 851 F.2d 244, 246 (9th Cir.1988).

I

Cannizzaro argues that imposition of consecutive sentences for violations of sections 2113 and 924 violates “congressional intent” and is “illegal.” Appellant’s Brief at 8. We have held, however, that the district court may impose consecutive sentences for these crimes. United States v. Blocker, 802 F.2d 1102, 1103 (9th Cir.1986). “Both the plain meaning of amended § 924(c) and the legislative history of the amendment indicate that Congress intended those convicted of violating both § 924(c) and § 2113(d) to receive cumulative sentences.” Id. at 1105; see also United States v. Gonzalez, 800 F.2d 895, 898 (9th Cir.1986).

II

Cannizzaro next raises two challenges to the district court’s order of restitution under the Victim and Witness Protection Act, 18 U.S.C. §§ 3663-64 (Supp. IV 1986) (VWPA). [1] First, he contends that the district court violated section 3664 by failing to make findings of fact concerning his financial condition and his ability to pay restitution. Id. at § 3664(a). Second, Can-nizzaro argues that the court failed to determine whether the First National Bank received third party compensation for its unrecovered losses. Id. at § 3663(e)(1). We consider these contentions separately.

A. There is no textual support for Cannizzaro’s contention that the district court must make findings of fact concerning his financial condition before imposing restitution. Section 3664(a) merely provides that the court “shall consider” a variety of factors, including the defendant’s financial resources, financial needs and earning capacity. See United States v. Grewal, 825 F.2d 220, 223 (9th Cir.1987); United States v. Ruffen, 780 F.2d 1493, 1495 (9th Cir.), cert. denied, 479 U.S. 963, 107 S.Ct. 462, 93 L.Ed.2d 407 (1986); accord United States v. Purther, 823 F.2d 965, 969 (6th Cir.1987); United States v. Atkinson, 788 F.2d 900, 902 (2d Cir.1986). [2]

[*811] There is a material difference between requiring a district court to make findings of fact and requiring it to consider certain factors. Findings of fact can only be made on the basis of a formal adversarial record; the parties must be permitted to present testimonial and documentary evidence; one party or the other must carry the burden of proof as to each contested issue. For example, where the amount or type of restitution is disputed, the government must demonstrate, by a preponderance of the evidence, the loss sustained by the victim; the defendant carries the burden, again by a preponderance of the evidence, of demonstrating his financial resources (or lack thereof), as well as the financial needs of his dependents. 18 U.S.C. § 3664(d).

On the other hand, requiring the district court to consider certain factors grants the court broad discretion to determine the type and amount of evidence it deems relevant. We have no authority to modify the statutory scheme by narrowing that discretion. “The test is whether the district court complied with the applicable [statute]. If the [statute] do[es] not require a detailed explanation of the court’s decision, the district court need not volunteer one....” United States v. Gomez, 846 F.2d 557, 560 (9th Cir.1988).

Cannizzaro nevertheless argues that we should require that district courts make findings of fact as to each of the section 3664(a) factors in order to assure “meaningful appellate review” of their restitution orders. Appellant’s Brief at 10. He relies on decisions of three other circuits which have imposed such a requirement as an exercise of their supervisory authority. See United States v. Bruchey, 810 F.2d 456, 459 (4th Cir.1987) (“[without some findings of fact, we cannot be sure that the district court even considered the possibility of future hardship for the defendant and her children”); United States v. Hill, 798 F.2d 402, 406-07 (10th Cir.1986) (requiring district court to create factual record “should appellate review be necessary”) (quoting United States v. Watchman, 749 F.2d 616, 618 (10th Cir.1984)); United States v. Palma, 760 F.2d 475, 480 (3d Cir.1985) (factual findings necessary “to facilitate meaningful appellate review”).

We respectfully decline to follow our sister circuits. Appellate courts may not work substantive changes in the law in order to facilitate “meaningful appellate review.” The VWPA is a carefully crafted statute containing a variety of procedural and substantive requirements. In passing the Act, Congress intended to encourage use of a streamlined proceeding by requiring the court to order restitution without “unduly complieat[ing] or prolonging] the sentencing process.” 18 U.S.C. § 3663(d). To impose upon the district court the burdensome and time-consuming process of making factual findings would undermine the statutory scheme as Congress wrote it. An exercise of supervisory authority is not, in our view, appropriate under these circumstances.

Nor are we in agreement with the appellate courts which impose procedural requirements simply to ensure that the district court discharged its statutory responsibilities. “We are not ... aware of any principle of law that requires district courts to couch their ruling so as to give appellants a fair shot at obtaining a reversal.” Gomez, 846 F.2d at 560. When Congress has directed the district courts to consider certain matters, it would be presumptuous for us to require district judges to make findings simply to ensure they have done what the statute commands. Such “procedural choreography” needlessly burdens our district courts without substantially achieving the legitimate interests of either the victim or the defendant. See United States v. Balough, 820 F.2d 1485, 1491 (9th Cir.1987) (Kozinski, J., concurring).

The absence of a fact-finding requirement does not, of course, leave the district court free to disregard the statutory requirements. While Congress did not specify how the district court should consider each factor, the record must nonetheless reflect that the district judge had at his disposal information bearing on the considerations enumerated in section 3664. See Ruffen, 780 F.2d at 1495; accord Purther, 823 F.2d at 969; United States v. [*812] Golomb, 811 F.2d 787, 791-92 (2d Cir.1987). Here Cannizzaro’s presentence report set forth information concerning his financial resources, employment and financial history, and earning capacity, as well as data on the financial condition of his dependents. For example, the report contained an itemized list of Cannizzaro’s assets and debts, and an inventory of major assets owned within the past ten years. It also contained data on the victim’s losses, as well as other victim impact information. Can-nizzaro could have challenged the accuracy of the data in the presentence report, Fed. R.Crim.P. 32(c)(3)(A), but chose not to. The district court made specific reference to that report’s findings during Cannizza-ro’s sentencing hearing. This provides a sufficient basis for concluding that the district court discharged its responsibilities under section 3664.

B. Cannizzaro also contends that the restitution order must be set aside because the district court failed to determine whether the First National Bank was compensated for its unrecovered losses. Although the court must determine the extent to which the victim has already been compensated for its losses, 18 U.S.C. § 3663(e)(1), failure to make this determination does not warrant reversal of the restitution order. Remand, rather than reversal, is the appropriate course. Should the court find that the First National Bank received compensation from a third party for its losses, the district court may order Cannizzaro to pay that party directly. Id. See Golomb, 811 F.2d at 792 (restitution order may be modified to provide for payment directly to party who compensated victim for its losses). We therefore remand the case to the district court to make such a determination and to modify its restitution order if necessary.

Ill

Finally, Cannizzaro contends that by imposing restitution the district court violated the plea agreement. The plea agreement however, provided for no specific sentence; the government agreed only to argue for a term of imprisonment no greater than ten years. Defense counsel himself said as much, stating that “we could argue for no time on the bank robbery itself.” Change of Plea Transcript at 3. Such agreements are authorized by Fed.R. Crim.P. 11(e)(1)(B) and neither bind the court nor state the complete terms of the sentence.

Conclusion

This judgment of the district eourt is AFFIRMED; the matter is remanded for further proceedings in accordance with this opinion.

1

. Pursuant to the Sentencing Reform Act of 1984, Pub.L. No. 98-473, § 212(a)(1), 98 Stat. 1987 (1984), 18 U.S.C. §§ 3579 and 3580 were renumbered as 18 U.S.C. §§ 3663 and 3664, effective November 1, 1987.

2

. This general directive contrasts with another provision of the VWPA which does call for specific findings by the district court. See 18 U.S. C. § 3664(d) (factual findings necessary where amount or type of restitution ordered by court is disputed).