Noting that the U.S. “system of justice has no sentencing discount for wealth,” the 10th Circuit Court of Appeal overturned a probation sentence in United States v. Sample. The Court noted that a probation sentence based on a defendant’s ability to pay restitution to victims implied that poor defendants might get a prison sentence.  The ruling requires additional care by defense counsel who seek to use the opportunity to pay restitution as a reason for probation.