United States v. Bass
2:11-cr-20704
E.D. Mich.May 19, 2025Background
- Gerald Bass was convicted and sentenced to 22 years in prison and ordered to pay over $150,000 in restitution.
- The court ordered that restitution payments be made through the Inmate Financial Responsibility Program (IFRP), managed by the Bureau of Prisons (BOP).
- Bass is currently serving his sentence in a North Carolina prison.
- Bass filed a motion in Michigan federal court seeking to modify his restitution payment schedule under 18 U.S.C. § 3664(k).
- The court had previously delegated payment schedule decisions to the IFRP/BOP, not setting a particular schedule itself.
- The court considered its jurisdiction and authority to alter IFRP payment schedules after delegation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court authority to modify IFRP schedule | No direct argument; government position not detailed | Bass argued court can modify under § 3664(k) | Court held it lacks jurisdiction to alter IFRP payment schedule after delegating to BOP |
Key Cases Cited
- Weinberger v. United States, 268 F.3d 346 (6th Cir. 2001) (BOP has authority over IFRP restitution payment schedules once delegated by court)
- Montano-Figueroa v. Crabtree, 162 F.3d 548 (9th Cir. 1999) (describing IFRP as BOP-managed, not court-managed)
- Fontanez v. O'Brien, 807 F.3d 84 (4th Cir. 2015) (challenges to IFRP payment schedules must be raised via habeas corpus under § 2241)