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Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry F. Floyd, District Judge.
(7:09-cr-00436-HFF-1)
Submitted:
Decided:
PER CURIAM:
Cheri
agreement,
(2006).
to
Burnette
bank
Abraham
fraud,
in
pled
guilty,
violation
of
without
18
U.S.C.
plea
1344
appeal,
reasonable.*
briefing
but
questioning
whether
Abrahams
sentence
is
from
the
committed
plain
addressing
the
parties
error
on
whether
by
failing
statutory
factors
to
the
make
set
district
specific
forth
in
court
findings
18
U.S.C.
affirm
Abrahams
conviction
and
sentence,
but
vacate
the
to
reflect
the
restitution
payment
option
that
is
abuse
of
review
Abrahams
sentence
using
an
file a pro se
The Government
ensure
that
the
procedural error.
(4th
Cir.
district
court
committed
no
significant
2008).
Procedural
errors
include
failing
to
United
States v. Carter, 564 F.3d 325, 328 (4th Cir. 2009) (internal
quotation
marks
individualized
omitted).
The
assessment
based
district
on
the
court
must
make
an
facts
presented
by
Id.
relevant
assessment
3553(a)
based
on
factors,
the
facts
made
an
presented,
individualized
and
adequately
was
the
sentence
sentence
within
imposed
the
substantively
properly
calculated
United States v.
The thirty-month
range,
and
Abraham
has
failed
to
rebut
the
presumption
of
When
counsel for Abraham suggested that her income at that time might
not support a $300 monthly payment, the court replied that it
would amend the sentence to put the standard language in there
. . . to say that probation is empowered to adjust it up or down
for the restitution based upon her ability to pay.
cant, then theyll adjust it.
So if she
the
court,
and
judgment form.
block
is
checked
on
page
five
of
the
also
suggests
that
any
improper
delegation
The
of
the
restitution
payment
schedule
to
delay
judgment,
it
is
normally
the
rule
that
the
oral
United
We agree
this
option
also
avoids
an
improper
delegation
of
Accordingly, we affirm
to
the
district
court
for
correction
of
the
written
This
If
Abraham
requests
that
petition
be
filed,
but
may
move
representation.
in
this
court
for
leave
to
withdraw
from
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED IN PART;
VACATED AND REMANDED IN PART