USA v. Weber, Steven

Filing 18

Opinion

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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted May 14, 2008* Decided May 16, 2008 Before FRANK H. EASTERBROOK, Chief Judge JOHN L. COFFEY, Circuit Judge DIANE P. WOOD, Circuit Judge No. 072851 UNITED STATES OF AMERICA, PlaintiffAppellee, v. STEVEN M. WEBER DefendantAppellant. Appeal from the United States District Court for the Eastern District of Wisconsin. No. 06CR261 Charles N. Clevert, Jr. Judge. O R D E R Steven Weber pleaded guilty to a single count of wire fraud. See 18 U.S.C. 1343. The district court sentenced him to 36 months' imprisonment and 5 years' supervised release, and ordered him to pay $178,464 in restitution. The court directed Weber to pay at least $200 per month while on supervised release but set no payment schedule for his term of imprisonment. The court also ordered Weber to participate in the Inmate Financial Responsibility Program. After examining the briefs and record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See FED. R. APP. P. 34(a)(2). * No. 072851 Page 2 On appeal Weber argues only that the district court committed plain error by failing to set a restitution payment schedule for his period of incarceration. Weber filed his brief before we decided United States v. Sawyer, Nos. 061275, 061614 & 064030, 2008 WL 942653, at *1 (7th Cir. Apr. 9, 2008). In that decision we held that if a defendant cannot pay immediately the sentencing court should set a payment schedule to begin after the defendant's release from prison. Id. at 3. Payments during the term of incarceration should be handled through the Bureau of Prisons, not the courts. Id. at *3. In his reply brief, filed after the Sawyer decision, Weber concedes that his argument is now foreclosed by that decision. Accordingly, we conclude that the district court did not err by setting a payment schedule to begin after Weber's release from incarceration. AFFIRMED.

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