United States v. David Lane McGlothlin, 249 F.3d 783 (8th Cir. 2001). · Go Syfert
United States v. David Lane McGlothlin, 249 F.3d 783 (8th Cir. 2001). Cases Citing This Book View Copy Cite
59 citation events (59 in the last 25 years) across 11 distinct courts.
Strongest positive: United States v. Armstrong (dcd, 2020-01-13) · Strongest negative: United States v. Watkins (ca4, 2006-01-19)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited "but see" United States v. Watkins
4th Cir. · 2006 · signal: but see · confidence high
But see United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir.2001) (holding that district court improperly delegated payment schedule to BOP when it ordered restitution to be due immediately but intimated that BOP would collect restitution to maximum degree possible through its IFRP while defendant was incarcerated).
discussed Cited as authority (rule) United States v. Armstrong
D.D.C. · 2020 · confidence medium
United States v. Prouty, 303 F.3d 1249, 1255 (11th Cir. 2002); see also, e.g., Ward v. Chavez, 678 F.3d 1042, 1050 (9th Cir. 2012) (“If . . . the district court simply orders immediate repayment and leaves it to another agency, like the BOP, to actually set the payment schedule that the statute obligates the court to determine, that order is unlawful, as the district court has abdicated in its duty to set the schedule ‘in consideration of’ the financial circumstances of the defendant.”); United States v. Corley, 500 F.3d 210 , 225–27 (3d Cir. 2007), vacated and remanded on other grou…
discussed Cited as authority (rule) United States v. Ricardo Hunter
D.C. Cir. · 2015 · confidence medium
A majority of the circuits that have considered the problem agree with Appellant that “the district court simply does not have the authority to delegate its own scheduling duties — not to the probation office, not to the [Bureau of Prisons], not to anyone else.” United States v. Gunning, 401 F.3d 1145, 1150 (9th Cir.2005); see also United States v. Overholt, 307 F.3d 1231, 1254-56 (10th Cir.2002); United States v. Davis, 306 F.3d 398, 425-26 (6th Cir.2002); United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir.2001); United States v. Kinlock, 174 F.3d 297, 300 (2d Cir.1999); United Sta…
cited Cited as authority (rule) United States v. Morán-Calderón
1st Cir. · 2015 · confidence medium
See, e.g., United States v. Prouty, 303 F.3d 1249, 1254-55 (11th Cir.2002); United States v. McGlothlin, 249 F.3d 783, 784-85 (8th Cir.2001).
cited Cited as authority (rule) United States v. Moran-Calderon
1st Cir. · 2015 · confidence medium
See, e.g., United States v. Prouty, 303 F.3d 1249, 1254-55 (11th Cir. 2002); United States v. McGlothlin, 249 F.3d 783, 784-85 (8th Cir. 2001).
discussed Cited as authority (rule) United States v. Germaine Bryant
7th Cir. · 2014 · confidence medium
If that is correct (Sawyer acknowledges that most of the other courts of appeals disagree; see United States v. Corley, 500 F.3d 210, 225 (3d Cir.2007), reversed on other grounds, 556 U.S. 303 , 129 S.Ct. 1558 , 173 L.Ed.2d 443 (2009); United States v. Gunning, 401 F.3d 1145, 1150 (9th Cir.2005); United States v. Overholt, 307 F.3d 1231, 1255-56 (10th Cir.2002); United States v. Davis, 306 F.3d 398, 425-26 (6th Cir.2002); United States v. McGlothlin, 249 F.3d 783, 784-85 (8th Cir.2001); United States v. Kinlock, 174 F.3d 297, 300 (2d Cir.1999); cf. 18 U.S.C. § 3572 (d)(1); 18 U.S.C. § 3013 (…
examined Cited as authority (rule) Ward v. Chavez (4×) also: Cited "see"
9th Cir. · 2012 · confidence medium
In United States v. McGlothlin, the district court ordered restitution payable "immediately," but refused to set a payment schedule at sentencing and instead said that he would "let the Bureau of Prisons tackle that problem." United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir.2001), cited with approval in Lemoine, 546 F.3d at 1048 n. 4.
cited Cited as authority (rule) United States v. Cheryl Moten
8th Cir. · 2008 · confidence medium
United States v. McGlothlin, 249 F.3d 783, 784 (8th Cir. 2001).
cited Cited as authority (rule) United States v. Moten
8th Cir. · 2008 · confidence medium
United States v. McGlothlin, 249 F.3d 783, 784 (8th Cir.2001).
discussed Cited as authority (rule) United States v. Lemoine
9th Cir. · 2008 · confidence medium
United States v. Merric, 166 F.3d 406, 409 (1st Cir.1999); United States v. Kinlock, 174 F.3d 297, 301 (2d Cir.1999) ("When restitution cannot be paid immediately, the sentencing court must set a schedule of payments for the terms of incarceration, supervised release, or probation.”); United States v. Corley, 500 F.3d 210, 228 (3d Cir.2007); United States v. Davis, 306 F.3d 398, 426 (6th Cir.2002); United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir.2001); United States v. Overholt, 307 F.3d 1231, 1256 (10th Cir.2002); United Stales v. Prouty, 303 F.3d 1249, 1254-55 (11th Cir.2002) (hold…
discussed Cited as authority (rule) United States v. Lemoine
9th Cir. · 2008 · confidence medium
United States v. Merric, 166 F.3d 406, 409 (1st Cir. 1999); United States v. Kinlock, 174 F.3d 297, 301 (2d Cir. 1999) (“When restitution cannot be paid immediately, the sentencing court must set a schedule of payments for the terms of incarceration, supervised release, or probation.”); United States v. Corley, 500 F.3d 210, 228 (3d Cir. 2007); United States v. Davis, 306 F.3d 398, 426 (6th Cir. 2002); United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir. 2001); United States v. Overholt, 307 F.3d 1231, 1256 (10th Cir. 2002); United States v. Prouty, 303 F.3d 1249, 1254-55 (11th Cir. 20…
discussed Cited as authority (rule) United States v. Corley (2×)
3rd Cir. · 2007 · confidence medium
See United States v. Davis, 306 F.3d 398, 425-26 (6th Cir.2002) (discussing the differences between the VWPA and the MVRA); United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir.2001) (same); Coates, 178 F.3d at 684 (rejecting the argument that a district court may satisfy its obligation under 18 U.S.C. § 3664 (f)(2) by specifying the amount due without elaboration).
discussed Cited as authority (rule) United States v. Wilson
10th Cir. · 2005 · confidence medium
See United States v. Tarbox, 361 F.3d 664, 665 (1st Cir.2004); United States v. McGlothlin, 249 F.3d 783, 784 (8th Cir.2001); see also United States v. Corbett, 357 F.3d 194, 195 (2d Cir.2004) (“Once having considered the mandatory factors specified by § 3664(f)(2), the sentencing judge is afforded very broad discretion in setting the schedule.”).
discussed Cited as authority (rule) United States v. Padilla
1st Cir. · 2004 · confidence medium
See United States v. Porter, 41 F.3d 68 (2nd Cir.1994) (sentencing court cannot delegate decisions as to the scheduling and size of restitution installment payments); United States v. Graham, 72 F.3d 352, 357 (3d Cir.1995) (district court “improperly delegated to the probation officer the determination of the timing of the restitution installment payments”); United States v. Johnson, 48 F.3d 806, 809 (4th Cir.1995) (“making decisions about the amount of restitution ... is a judicial function and therefore is non-delegable”); United States v. Albro, 32 F.3d 173 (5th Cir.1994) (although …
discussed Cited as authority (rule) United States v. Padilla
1st Cir. · 2004 · confidence medium
See United States v. Porter, 41 F.3d 68 (2nd Cir.1994) (sentencing court cannot delegate decisions as to the scheduling and size of restitution installment payments); United States v. Graham, 72 F.3d 352, 357 (3d Cir.1995) (district court "improperly delegated to the probation officer the determination of the timing of the restitution installment payments"); United States v. Johnson, 48 F.3d 806, 809 (4th Cir.1995) ("making decisions about the amount of restitution ... is a judicial function and therefore is non-delegable"); United States v. Albro, 32 F.3d 173 (5th Cir.1994) (although a court …
cited Cited as authority (rule) United States v. United Security Savings Bank, Anthony Curtis Flowers
8th Cir. · 2004 · confidence medium
United States v. McGlothlin, 249 F.3d 783, 784 (8th Cir.2001).
cited Cited as authority (rule) United States v. United Security
8th Cir. · 2004 · confidence medium
United States v. McGlothlin, 249 F.3d 783, 784 (8th Cir. 2001).
discussed Cited as authority (rule) United States v. Cheal
1st Cir. · 2004 · confidence medium
See United States v. Chay, 281 F.3d 682, 686 (7th Cir.2002) (noting that the MVRA “prohibits the court from examining the defendant’s ability to pay restitution”); United States v. McGlothlin, 249 F.3d 783, 784 (8th Cir.2001) (same); United States v. Alalade, 204 F.3d 536 (4th Cir.2000) (same); United States v. Myers, 198 F.3d 160, 168-69 (5th Cir.1999) (same); United States v. Coates, 178 F.3d 681, 683 (3d Cir.1999) (same).
discussed Cited as authority (rule) United States v. Ziadeh
4th Cir. · 2004 · confidence medium
Id. at 540 (emphasis added); see also United States v. Chay, 281 F.3d 682, 686 (7th Cir.2002) (holding the MVRA “prohibits the court from examining the defendant’s ability to pay restitution”); United States v. McGlothlin, 249 F.3d 783, 784 (8th Cir.2001) (same); United States v. Myers, 198 F.3d 160, 168-69 (5th Cir.1999) (same); United States v. Coates, 178 F.3d 681, 683 (3d Cir.1999) (same). 5 According *877 ly, Appellant’s arguments that the district court erred by failing to consider his financial circumstances in determining restitution are wholly without merit.
discussed Cited as authority (rule) United States v. Bedonie
D. Utah · 2004 · confidence medium
Compare United States v. Overholt, 307 F.3d 1231, 1255-56 (10th Cir.2002) (delegation not permitted); United States v. Porter, 41 F.3d 68, 71 (2nd Cir.1994) (same); United States v. Coates, 178 F.3d 681, 685 (3rd Cir.1999) (same); United States v. Johnson, 48 F.3d 806, 808 (4th Cir.1995) (same); United States v. Albro, 32 F.3d 173, 174 (5th Cir.1994) (same); United States v. Mohammad, 53 F.3d 1426, 1438-39 (7th Cir.1995) (same); United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir.2001) (same); with Weinberger v. United States, 268 F.3d 346, 360 (6th Cir.2001) (permitting delegation); Unite…
cited Cited as authority (rule) United States v. Melendez-Santana
1st Cir. · 2003 · confidence medium
United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir.2001) ("We interpret this statement to require the district court to set a detailed payment schedule at sentencing.”).
examined Cited as authority (rule) United States v. Randy Lee Vanhorn (6×) also: Cited "see"
8th Cir. · 2003 · confidence medium
In this case, where restitution is mandatory, Vanhorn, 296 F.3d at 721 , the district court nevertheless has substantial discretion in determining how that mandatory restitution is to be paid, United States v. McGlothlin, 249 F.3d 783, 784 (8th Cir.2001).
examined Cited as authority (rule) United States v. Randy Vanhorn (3×) also: Cited "see"
8th Cir. · 2003 · confidence medium
In this case, where restitution is mandatory, Vanhorn, 249 F.3d at 721, the district court nevertheless has substantial discretion in determining how that mandatory restitution is to be paid, United States v. McGlothlin, 249 F.3d 783, 784 (8th Cir. 2001).
discussed Cited as authority (rule) United States v. Stephen Robert Gunning
9th Cir. · 2003 · confidence medium
See United States v. Davis, 306 F.3d 398, 426 (6th Cir.2002); United States v. Prouty, 303 F.3d 1249, 1254-55 (11th Cir.2002); United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir.2001); United States v. Coates, 178 F.3d 681, 685 (3d Cir.1999). 8 .
discussed Cited as authority (rule) United States v. Sherri Sotherland
8th Cir. · 2003 · confidence medium
The sentencing transcript shows that Sotherland was afforded her right of allocution, see United States v. Kaniss, 150 F.3d 967, 969 (8th Cir.1998); the district court properly established a payment schedule for the ordered restitution, cf United States v. McGlothlin, 249 F.3d 783, 784-85 (8th Cir. 2001) (remanding restitution order where sentencing court failed to establish schedule of restitution payments); and we do not review the district court’s decision not to depart because there is no indication that it was unaware of its authority to do so, see United States v. Koans, 300 F.3d 985, …
discussed Cited as authority (rule) United States v. Overholt
10th Cir. · 2002 · confidence medium
Compare United States v. Porter, 41 F.3d 68, 71 (2d Cir.1994) (delegation not permitted); United States v. Coates, 178 F.3d 681, 685 (3d Cir.1999) (same); United States v. Johnson, 48 F.3d 806, 808 (4th Cir.1995) (same); United States v. Albro, 32 F.3d 173, 174 (5th Cir.1994) (same); United States v. Mohammad, 53 F.3d 1426, 1438-39 (7th Cir.1995) (same); United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir.2001) (same); with Weinberger v. United States, 268 F.3d 346, 360 (6th Cir.2001) (permitting delegation); United States v. Signori 844 F.2d 635, 641 (9th Cir.1988) (same); United States v…
discussed Cited as authority (rule) United States v. Randy Lee Vanhorn
8th Cir. · 2002 · confidence medium
The district court’s judgment of conviction and sentence in this case, dated June 22, 2001, does not set a schedule of payments for restitution while Vanhorn is incarcerated, and this is contrary to current law. 18 U.S.C. § 3664 (f)(l)(B)(2) (requiring the court to specify the schedule for payment); United States v. McGlothlin, 249 F.3d 783, 784-85 (8th Cir.2001) (holding the district court must fashion a payment schedule designating a specific percentage of the prisoner’s monthly earnings to go toward his restitution obligation).
discussed Cited as authority (rule) United States v. Randy Lee Vanhorn
8th Cir. · 2002 · confidence medium
The district court’s judgment of conviction and sentence in this case, dated June 22, 2001, does not set a schedule of payments for restitution while Vanhorn is incarcerated, and this is contrary to current law. 18 U.S.C. § 3664 (f)(1)(B)(2) (requiring the court to specify the schedule for payment); United States v. McGlothlin, 249 F.3d 783, 784-85 (8th Cir. 2001) (holding the district court must fashion a payment schedule designating a specific percentage of the prisoner’s monthly earnings to go toward his restitution obligation).
cited Cited "see" United States v. George Thunderhawk
8th Cir. · 2017 · signal: see · confidence high
See United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir. 2001).
cited Cited "see" United States v. Tarbox
1st Cir. · 2004 · signal: see · confidence high
See United States v. McGlothlin, 249 F.3d 783, 784 (8th Cir.2001).
discussed Cited "see" United States v. David Prouty (2×)
11th Cir. · 2002 · signal: see · confidence high
See United States v. McGlothlin, 249 F.3d 783, 784-85 (8th Cir.2001) (MVRA requires the district court to set a detailed payment schedule at sentencing); United States v. Coates, 178 F.3d 681, 684-85 (3d Cir.1999) (explaining that Constitution and MVRA forbid district court to delegate authority to set payment schedule); 4 cf. United States v. Hayes, 135 F.3d 133, 139 (2d Cir.1998) (crediting district court with recognizing, regardless of whether MVRA or predecessor statute governed, that it must itself fix restitution schedule).
cited Cited "see" United States v. David McGlothlin
8th Cir. · 2002 · signal: see · confidence high
See United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir.2001).
discussed Cited "see, e.g." United States v. Villongco
D.D.C. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Paroline, 134 S. Ct. at 1742–43 (Sotomayor, J., dissenting) (“Courts of Appeals have uniformly found it an abuse of discretion to require defendants to make immediate lump-sum payments for the full amount of a restitution award when they do not have the ability to do so.” (citing United States v. McGlothlin, 249 F.3d 783, 784 (8th Cir. 2001) and United States v. Myers, 198 F.3d 160 , 168–69 (5th Cir. 1999))); see also Scales, 2016 U.S. App. LEXIS 5179 , at *5–6 (noting that failure to set a payment schedule where defendant lacked resources is reversible plain error); Marti…
discussed Cited "see, e.g." Paroline v. United States (2×)
unknown court · 2014 · signal: see, e.g. · confidence medium
See, e.g., United States v. McGlothlin, 249 F. 3d 783, 784 (CA8 2001) (reversing lump-sum payment order where defendant “had no ability to pay the restitution immediately,” and requiring District Court to set a periodic payment schedule); United States v. Myers, 198 F. 3d 160 , 168–169 (CA5 1999) (same).
discussed Cited "see, e.g." United States v. Day, Jack A.
7th Cir. · 2005 · signal: see, e.g. · confidence medium
See, e.g., United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir. 2001) (holding that the MVRA “require[s] the district court to set a detailed payment schedule at sentencing”); United States v. Coates, 178 F.3d 11 681, 683-85 (3d Cir. 1999) (same).
discussed Cited "see, e.g." United States v. Jack A. Day
7th Cir. · 2005 · signal: see, e.g. · confidence medium
See, e.g., United States v. McGlothlin, 249 F.3d 783, 785 (8th Cir.2001) (holding that the MVRA “require[s] the district court to set a detailed payment schedule at sentencing”); United States v. Coates, 178 F.3d 681, 683-85 (3d Cir.1999) (same). 11 Returning to Mr. Day’s situation, we believe that it is clear that the approach taken in McIntosh will not suffice.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
David Lane MCGLOTHLIN, Appellant
00-2695.
Court of Appeals for the Eighth Circuit.
May 8, 2001.
249 F.3d 783
2001 U.S. App. LEXIS 8515
2001 WL 476912
Omar F. Greene, AFPD, Little Rock, AR, for appellant., Paula J. Casey, Asst. U.S. Atty., Little Rock, AR, for appellee.
Wollman, Hansen, Jones.
Cited by 45 opinions  |  Published
[*784] HANSEN, Circuit Judge.

David McGlothlin pleaded guilty to a thirteen-count indictment. McGlothlin’s illegal activities included transporting stolen vehicles, being a felon in possession of a firearm, theft of a firearm, transporting a stolen firearm, and transporting stolen property in violation of 18 U.S.C. §§ 2312, 922(g), (i),(j), 924(a)(2), and 2314 (1994). (R. at 4.) Pursuant to the United States Sentencing Guidelines, the district court sentenced McGlothlin to 96 months imprisonment, three years supervised release, and ordered him to pay $97,724.49 in restitution to his victims, which was to be paid “in full immediately.” (R. at 74.). Special instructions included in the judgment provided that “beginning the first month of supervised release, payments will be a minimum of 10 percent of the defendant’s net monthly household income.” (Id.) McGlothlin requested that the district court further provide him with a repayment schedule for the time he was to be imprisoned; however, the court refused. On appeal, McGlothlin does not challenge the amount of restitution ordered and instead contests the manner and schedule in which the court ordered him to pay it. He asserts that his case should be remanded so the district court may craft a payment plan commensurate with his ability to pay during his incarceration. We agree.

We review the district court’s determination of a defendant’s ability to pay restitution for an abuse of discretion. United States v. Riebold, 135 F.3d 1226, 1231 (8th Cir.), cert. denied, 524 U.S. 944, 118 S.Ct. 2356, 141 L.Ed.2d 725 (1998). Pursuant to the Mandatory Victims Restitution Act of 1996 (MVRA), 18 U.S.C. § 3664 (Supp. II 1996), restitution is required for certain crimes, id. § 3663A(c)(1), and district courts are obligated to impose restitution in the full amount of a victim’s losses “without consideration of the economic circumstances of the defendant.” Id. § 3664(f)(1)(A). In this case, the financial loss to the victims was in excess of $613,000, directly resulting from McGlothlin’s theft of their tractors, trailers, and attendant cargo. The district court credited McGlothlin for the recovered property, leaving him responsible for the $97,724.49 loss still outstanding. “The offender’s ability to pay is relevant only in determining whether restitution should be paid by lump-sum, a schedule of payments, or nominal payments.” United States v. Gray, 175 F.3d 617, 617-18 (8th Cir.) (referencing 18 U.S.C. § 3664(f)(3)(A)), cert. denied, 528 U.S. 909, 120 S.Ct. 255, 145 L.Ed.2d 214 (1999). Thus, the district court has substantial discretion in determining how restitution is to be paid. See 18 U.S.C. § 3664(f)(2).

At sentencing, the district court acknowledged McGlothlin’s financial circumstances and waived payment of a fine but seemed to ignore the statutory payment factors provided by § 3664(f)(2)(A)-(C) by imposing immediate payment of the full amount of restitution. The Presentence Investigation Report noted that McGlothlin had no income and no assets, which indicated that he had no ability to pay the restitution immediately. The district court remarked that “[restitution] is mandatory but I don’t think he will ever pay it ... but, anyway, restitution is imposed because it is mandatory under the statute.” (Sentencing Tr. at 5.) Given McGlothlin’s financial circumstances, we conclude that the district court abused its discretion. The district court was correct that restitution in this case is statutorily mandated, but instead of demanding immediate payment, which it acknowledged was not feasible, the district court needed to fashion a payment schedule that designated a specific percentage of McGlothlin’s monthly earnings while incarcerated toward his[*785] restitution obligation. See 18 U.S.C. § 3664(f)(1)(B)(2)(A) (“Upon determination of the amount of restitution owed to each victim, the court shall ... specify ... the schedule according to which, the restitution is to be paid, in consideration of ... the financial resources and other assets of the defendant.”); see also United States v. Myers, 198 F.3d 160, 169 (5th Cir.1999) (finding it erroneous for sentencing court to order $40,000 in restitution due immediately and remanding on the issue of schedule of payment when defendant had no ability to pay in lump sum), cert. denied, 530 U.S. 1220, 120 S.Ct. 2230, 147 L.Ed.2d 260 (2000); United States v. Kinlock, 174 F.3d 297, 298, 301 (2d Cir.1999) (vacating and remanding restitution order when district court failed to set minimal payment schedule for incarceration period and instead ordered restitution “due and payable immediately.”); United States v. Rea, 169 F.3d 1111, 1114 (8th Cir.1999) (remanding on restitution issue when district court neglected to consider defendant’s financial circumstances in ordering him to pay $750 per month while incarcerated), vacated on other grounds, 530 U.S. 1201, 120 S.Ct. 2193, 147 L.Ed.2d 230 (2000).

McGlothlin further argues that the district court impermissibly delegated the payment schedule during incarceration to the Bureau of Prisons (BOP). During the sentencing colloquy, McGlothlin’s attorney requested that McGlothlin be allowed to begin paying his restitution once he secured a job in prison. The district court replied, “I am not going to get into that.... I will let the Bureau of Prisons tackle that problem” and ordered that payment was due immediately. (Sentencing Tr. at 14.) We believe that the district court in this instance was intimating that the BOP would collect restitution to the maximum degree possible through its Inmate Financial Responsibility Plan (IFRP) while McGlothlin was incarcerated. [2] We have previously upheld the calculating of a defendant’s ability to pay a statutorily imposed obligation based on the defendant’s likely prison earnings through the IFRP. United States v. Turner, 975 F.2d 490, 498 (8th Cir.1992), cert. denied, 506 U.S. 1082, 113 S.Ct. 1053, 122 L.Ed.2d 360 (1993). That being said, the MVRA provides that the manner of payments and “the length of time over which scheduled payments will be made shall be set by the court.” 18 U.S.C. § 3572(d)(2) (Supp. II 1996). We interpret this statement to require the district court to set a detailed payment schedule at sentencing. See, e.g., United States v. Coates, 178 F.3d 681, 685 (3d Cir.1999) (recognizing that federal regulations allow the BOP to determine payment schedules for monetary penalties but finding the plain language of the MVRA vesting authority in the district courts trumps the regulations); United States v. Mortimer, 94 F.3d 89, 91 (2d Cir.1996) (holding that the district court may not leave to the BOP the responsibility of devising an inmate restitution payment schedule pursuant to the IFRP); United States v. Miller, 77 F.3d 71, 78 (4th Cir.1996) (holding that “a district court may not delegate its authority to set the amount and timing of fine payments to the Bureau of Prisons or the probation officer”).

Accordingly, we vacate and remand the restitution order with instructions for the district court to impose a detailed restitution payment schedule to commence while McGlothlin is incarcerated.

2

. The intent of the IFRP is to assist inmates in meeting their imposed financial obligations, including paying fines and restitution. 28 C.F.R. §§ 545.10-545.11 (1999).