Beaumont v. United States

United States Court of Appeals Fifth Circuit FILED IN THE UNITED STATES COURT OF APPEALS August 17, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-40135 Conference Calendar JIMMY BEAUMONT, Petitioner-Appellant, versus UNITED STATES OF AMERICA, Respondent-Appellee. -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:03-CV-1328 -------------------- Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges. PER CURIAM:* Jimmy Beaumont, federal prisoner # 03018-078, appeals the district court’s denial of his 28 U.S.C. § 2241 petition challenging the authority of the Bureau of Prisons (BOP) to fix the timing and amount of his installment payments on the $400,000 fine ordered as part of his sentence when he was convicted of various narcotics offenses. See United States v. Beaumont, 972 F.2d 553 (5th Cir. 1992). Beaumont’s argument that the court impermissibly delegated to the BOP its duty to set a payment * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 04-40135 -2- schedule as part of the judgment is without merit. 28 C.F.R. § 545.11. AFFIRMED.