Ward v. Chavez, No. 09-17016 (9th Cir. 2012)
Annotate this CaseDefendant was convicted for charges related to armed bank robbery. At issue was whether, under the Mandatory Victims Restitution Act of 1996 (MVRA), 18 U.S.C. 3664(f)(2), a district court impermissibly delegated its obligation to set a restitution payment schedule when it ordered "immediate" payment with the expectation that the Bureau of Prisons (BOP) would work out a payment schedule with the prisoner pursuant to the Inmate Financial Responsibility Program (IFRP). The court held that where the sentencing court has failed to consider whether defendant had the financial resources to pay restitution immediately, ordering immediate payment impermissibly delegated to the BOP the court's obligation to set a payment schedule.
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