dissenting.
I disagree with the majority on one point: whether the district court abdicated its responsibility under the Mandatory Victims Restitution Act to set a payment schedule for restitution during Vanhorn’s incarceration. United States v. McGlothlin, 249 F.3d 783 (8th Cir.2001), required the district court to “fashion a payment schedule that designated a specific percentage of [the defendant’s] monthly earnings while incarcerated toward his restitution obligation.” Id. at 784-85 (emphasis added); see also 18 U.S.C. § 3664(f)(2).
The district court set the defendant’s restitution for the period he is incarcerated “at the rate of no less than 50% of the funds available to the defendant.” Because the district court did not say otherwise, we know the payments must be equal monthly payments. 18 U.S.C. § 3572(d). We do not, however, know the amount the defendant must pay each month. The district court only set a floor of 50% of the money available to the defendant. It is entirely up to the Bureau of Prisons to choose an amount between 50% and 100% of the funds available to Vanhorn. In my view, this is not the “detailed payment schedule” the district court is responsible for setting. McGlothlin, 249 F.3d at 785. A floor is not a schedule, and it cedes too much authority to the Bureau of Prisons. For this reason, I believe the order of the district court should be reversed. I therefore respectfully dissent.