Possibility defendant might lose prison privileges if unable to make restitution payments is insufficient basis for deferring payments until release

RESTITUTION United States v. Wilson, No. 03-5207, ___ F.3d ___ (10th Cir. Jul. 21, 2005)(N.D. Oklahoma). Appeal of sentence and restitution order resulting from conviction for mail fraud and income tax evasion in violation of 18 U.S.C. § 1341 and 26 U.S.C. § 7201. HELD: District court did not abuse discretion under Mandatory Victim Restitution Act by ordering that restitution payments begin while defendant was incarcerated. Basis for defendant’s request that restitution payments begin after release from prison was too speculative in that it was premised on mere possibility that in event he was unable to pay ordered restitution, Bureau of Prisons would place him in “refusal” status under Inmate Financial Responsibility Program and then possibly deny him certain privileges such as opportunity to spend last months of sentence at halfway house. Read the opinion here.