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U.S. v. GUNNING

No. 04-30104.

401 F.3d 1145 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Robert GUNNING, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2005.

Attorney(s) appearing for the Case

Kenneth W. Sharaga, Seattle, WA, for the appellant.

Robert Henry Westinghouse, Assistant United States Attorney, Seattle, WA, for the appellee.

Before GOODWIN, FERNANDEZ, and GOULD, Circuit Judges.

FERNANDEZ, Circuit Judge.

Stephen R. Gunning appeals from a judgment entered against him pursuant to his plea of guilty to wire fraud. 18 U.S.C. § 1343. He claims that the schedule for payment of restitution while he was in prison was improperly delegated to the Bureau of Prisons (BOP), and that he was improperly denied allocution at sentencing. We agree, and remand for further proceedings.

BACKGROUND

On March 21, 2001, Gunning was indicted...

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