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United States v. Mack

June 20, 2006

UNITED STATES OF AMERICA
v.
CURTIS MACK



The opinion of the court was delivered by: James L. Graham United States District Judge

ORDER

Defendant has filed a motion requesting that his restitution payments be deferred until his release from incarceration. Defendant argues that this court impermissibly delegated its authority to the Bureau of Prisons to establish a payment schedule. This court's judgment set the amount of restitution only, and not the method of payment. This court never ordered the Bureau of Prisons to establish a schedule of restitution payments. Therefore, there has been no improper delegation of judicial authority, and the Bureau of Prisons is permitted to administer the collection of restitution through the Inmate Financial Responsibility Program. See McGhee v. Clark, 166 F.3d 884, 886 (7th Cir. 1999); Montano-Figueroa v. Crabtree, 162 F.3d 548, 550 (9th Cir. 1998). Defendant's motion for deferral of restitution payments is denied.

20060620

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