United States First Circuit

In this case, defendant pleaded guilty to possessing and brandishing a firearm in relation to a crime of violence in violation of 18 U.S.C. section 924(c)(1)(A). Defendant had robbed a casino with three other individuals, and his share of the cash was $10,000. The district court sentenced defendant to 108 months in prison and a five year term of supervised release, and ruled that defendant and his co-defendants were jointly and severally liable in restitution pursuant to the Mandatory Victim Restitution Act (MVRA). Defendant appeals his sentence, arguing that the district court erred in imposing restitution on him and in failing to set a payment schedule for the restitution. The sentence is vacated and remanded, where: 1) the district court is required to set a payment schedule pursuant to section 3664(f)(2); 2) the district court did not set a schedule, but merely ordered that defendant begin making restitution payments when he completes his prison sentence and that, if necessary, a payment plan may be agreed to with either the probation office or the Government; 3) it is improper for a district court to delegate its discretion to set restitution payment schedules to the probation office; and 4) the judge rather than the probation officer must have the final authority to determine the payment schedule.

Appellate Information

• Decided 03/04/2015
• Published 03/04/2015

Judges

• Lynch

Court

• United States First Circuit

Counsel