United States Ninth Circuit

In a challenge to a victim restitution payment schedule by inmates participating in the Inmate Financial Responsibility Program (IFRP), denial of a motion to modify the payment schedule and a motion for reconsideration is affirmed where: 1) the district court properly sets a restitution repayment schedule as required under the Mandatory Victim Restitution Act; 2) the Bureau of Prisons (BOP) has the authority to encourage voluntary payments in excess of those required under the court-s judgment; and 3) the BOP can do so by conditioning the receipt of certain privileges during the term of imprisonment on the inmate-s participation in the IFRP.

Appellate Information

• Decided 10/09/2008
• Published 10/09/2008

Judges

• CLIFTON, Circuit Judge:, Before: RICHARD C. TALLMAN and RICHARD R. CLIFTON, Circuit Judges, and EARL H. CARROLL, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kelly A. Zusman and Scott E. Asphaug, Assistant United States Attorneys, Portland, OR, for appellant United States in No. 07-35761.


• For Appellees:
  
• Christopher W. Lemoine, pro se, as appellant in Nos. 06-50663 & 07-50083 and as appellee in No. 07-35761., Michael J. Raphael and Robert C. Stacy II, Assistant United States Attorneys, Los Angeles, CA, for appellee United States in Nos. 06-50663 & 07-50083.