Whether a defendant's ability to pay a fine is a relevant consideration when determining if a fine is excessive under the Eighth Amendment

QUESTION PRESENTED Anyone can go to prison, but not everyone can pay a fine. The district court here imposed a $4,000 fine against Mr. Rosales-Gonzalez, an indigent, non-citizen defendant, without considering his present or future ability to pay the fine. In United States v. Bajakajian, 524 U.S. 321, 335-36 (1998), this Court suggested that a defendant’s ability to pay a fine is a relevant consideration when assessing whether a fine is constitutional under the Excessive Fines Clause. The Court, however, left the question unresolved. Id. at 340n.15. Recently, in Timbs v. Indiana, 139 8. Ct. 682, 688 (2019), the Court again suggested that a defendant’s ability to pay a fine is a relevant consideration under the Excessive Fines Clause but again left the question open. Accordingly, the question presented, on which the circuits are split, is: Whether a defendant’s ability to pay a fine is a relevant consideration when determining if a fine is excessive under the Eighth Amendment. i