UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 00-41285
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VIRDIS LARON BONNER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(C-00-CR-227-1)
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April 23, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Virdis LaRon Bonner appeals his sentence following his guilty-
plea conviction for bank fraud, in violation of 18 U.S.C. § 1344.
Bonner maintains, for the first time on appeal, that the district
court erred by delegating to the probation office the duty to
designate the payment schedule for the ordered mandatory
restitution (approximately $35,000).
We conclude that the district court committed plain,
reversible error in both its oral pronouncement and its written
judgment when it delegated to the probation office the
responsibility of establishing a payment schedule for Bonner to pay
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
restitution remaining after his release from prison. See 18 U.S.C.
§ 3664(F)(2); United States v. Albro, 32 F.3d 173, 174-75 & n.1
(5th Cir. 1994) (plain, reversible error for district court to
sentence defendant to pay restitution “in a payment schedule as
determined by the U.S. Probation Office” (internal quotation marks
omitted)).
Accordingly, the judgment of sentence is VACATED, and this
matter is REMANDED for resentencing as to restitution.
VACATED and REMANDED
2