United States Second Circuit

In defendant's appeal from a district court's orders amending his restitution schedule while he was incarcerated, the orders are affirmed in part where, although the Victim and Witness Protection Act did not expressly confer such authority, it inhered in the authority that statute conferred on district courts to permit an award of restitution to be paid in periodic installments, rather than immediately. However, the orders are vacated in part insofar as they provided for increases in defendant's restitution schedule in accordance with the Inmate Financial Responsibility Program, because that was an impermissible delegation of judicial power to the Bureau of Prisons.

Appellate Information

• Decided 04/02/2010
• Published 04/02/2010

Judges

Court

• United States Second Circuit

Counsel