Jeffrey Thomas Gola v. United States
SocialSecurity Securities Immigration
Is the BOP's Financial Responsibility Program, 28 C.F.R §54510-11, voluntary when constitutional liberties are taken for non-participation?
Does the district court have the authority to delegate to the Bureau of Prisons (BOP) it's authority to set a payment schedule for restitution payments?
Does the BOP or the district court consider the factors set forth in 18 USC §3664 when considering a payment schedule for restitution?
Did the district court commit plain error by imposing restitution without specifying a payment schedule in consideration of the factors in 18 USC §3664?
If the district court fails to set a payment schedule, does that then give the BOP jurisdiction to administer a payment plan of it's own?
Is it constitutional to order someone with no income to pay a restitution amount that exceeds their ability to pay in one lump sum, due immediately?
Did the district court commit plain error under Fed.R.CrimP. 52(b) in ordering defendant to pay restitution immediately instead of fixing a payment schedule as required by Mandatory Victims Restitution Act of 1996, Pub.LNo104-132, Title II, Subtitle A, §206, 110 5tat 1214, 1234 (1996)(amending 18 uscs §3664)?
Is the BOP's Financial Responsibility Program voluntary when constitutional liberties are taken for non-participation?