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WARD v. CHAVEZ

No. 09-17016.

678 F.3d 1042 (2012)

Jack Richard WARD, Petitioner-Appellant, v. Ricardo E. CHAVEZ, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2012.

Attorney(s) appearing for the Case

Douglas C. Erickson (argued), Maynard Cronin Erickson Curran & Reiter, P.L.C., Phoenix, AZ, for the petitioner-appellant.

Karla Hotis Delord (argued), Dennis K. Burke , and Randall M. Howe , United States Attorney's Office for the District of Arizona, Phoenix, AZ, for the respondent-appellee.

Opinion by Judge JED S. RAKOFF, Dissent by Judge WALLACE.

OPINION

RAKOFF, Senior District Judge:

The issue in this case is whether, under the Mandatory Victims Restitution Act of 1996 ("MVRA"), a district court impermissibly delegates its obligation to set a restitution payment schedule when it orders "immediate" payment with the expectation that the Bureau of Prisons ("BOP") will work out a payment schedule with the prisoner pursuant to the Inmate Financial Responsibility...

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