United States v. Toney
United States v. Toney
Opinion of the Court
ORDER
Lisa Toney was convicted of federal crimes, including credit-card fraud, after
Because Toney did not object in the district court to the lack of a payment schedule, we review only for plain error. United States v. Thigpen, 456 F.3d 766, 771 (7th Cir. 2006). Toney relies on this court’s holdings in Thigpen, United States v. Pandiello, 184 F.3d 682 (7th Cir. 1999), and United States v. Mohammad, 53 F.3d 1426 (7th Cir. 1995), to argue that the failure to set a payment schedule was plain error. But after briefing in this case concluded, we overruled those cases in United States v. Sawyer, 521 F.3d 792, 798-99 (7th Cir. 2008). After Sawyer, payments during incarceration should be handled through the Bureau of Prisons, not set by the district court. Id. at 795-96. So the district court did not err at all by not setting a payment schedule for the term of imprisonment. It was error for the district court not to set a payment schedule for Toney’s term of supervised release, see 18 U.S.C. § 3664(f)(2), but that error was not plain. See Sawyer, 521 F.3d at 798-99.
AFFIRMED.
Reference
- Full Case Name
- United States v. Lisa TONEY
- Status
- Published