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U.S. v. LEMOINE

Nos. 06-50663, 07-50083, 07-35761.

546 F.3d 1042 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher LEMOINE, aka Terry Giagnoca, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Christopher Lemoine, aka Terry Giagnoca, Defendant-Appellant. Christopher Lemoine, Petitioner-Appellee, Charles A. Daniels, Federal Correctional Institution Sheridan, Oregon, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 9, 2008.

Attorney(s) appearing for the Case

Christopher W. Lemoine, pro se, as appellant in Nos. 06-50663 & 07-50083 and as appellee in No. 07-35761.

Kelly A. Zusman and Scott E. Asphaug, Assistant United States Attorneys, Portland, OR, for appellant United States 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.

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

CLIFTON, Circuit Judge:

These consolidated appeals present the question of whether the Bureau of Prisons (BOP), the federal agency responsible for the incarceration of inmates, may require inmates who participate in the bureau's Inmate Financial Responsibility Program (IFRP) to pay restitution to victims at a higher or faster rate than was specified by the sentencing court, without obtaining an order from the sentencing...

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