PER CURIAM:
Defendant Vance Yukio Inouye appeals from an order setting a restitution schedule in connection with the revocation of his supervised release. We affirm.
Inouye pleaded guilty to a count of wire fraud and a count of conspiracy, in connection with a fraudulent mortgage scheme he helped perpetuate. The district court sentenced him to one month in prison, followed by three- and five-year terms of supervised release, to be served concurrently. The district court also ordered Inouye to be jointly and severally liable for $274,401 in restitution — $74,401 to a victim family and the remainder to a victim mortgage company. The order required Inouye to pay restitution at a rate determined by the Probation Office, but no less than 10% of his gross monthly income, once he was released from prison.
Consistent with the restitution order, Inouye began paying restitution upon his release in May 2010. But from November 2013 to May 2014, Inouye failed to pay. When questioned about it, he lied to his probation officer, saying the checks were in the mail. The Probation Office referred Inouye to the district court for revocation proceedings, and Inouye ultimately admitted to lying about his missed payments.
The district court held the proceedings in abeyance several times so that defense counsel could provide more information regarding a restitution schedule. Inouye consistently maintained that because of his financial straits (he had no job, had barely ceased being homeless, and had some significant debts), his schedule should be set at zero or nominal payments at best. The Assistant U.S. Attorney ("AUSA") agreed.
The district court was unpersuaded, however, and sentenced Inouye to one day in custody, 59 months of supervised release, and restitution payments at a rate of 8% of gross monthly income. Based on the AUSA's position, the district court did not expect any party to defend the judgment, so it contacted the Maryland Crime Victims' Resource Center, Inc., about whether it would consider defending the judgment on appeal as amicus curiae, and it issued a detailed written order regarding restitution.
In its order, the court first made numerous findings about Inouye and his general background. The court found he was 36 years old, had a high school education, had no substance abuse problems, and was healthy. The court also found Inouye to be "well-groomed" with "a professional demeanor," "employable," "industrious," and "likely to find new employment within a reasonable time." Inouye had been "steadily employed throughout his life," making around $15 an hour "when he was paid hourly" and "between $3,000 and $5,000 per month when working as a loan officer." And despite Inouye's criminal conviction, for the four years he was on supervised release, he had "for the most part" remained employed, working as a car salesman and in a startup beverage company.
Relying on 18 U.S.C. § 3664(f)(2) — which directs district courts to consider the various "financial resources," "projected earnings," and "financial obligations" of the defendant — the court then made findings about Inouye's finances. As of July 2014, only a couple of months prior to sentencing, he had after-tax income of $2,197 a month. His expenses at that time were $2,418.77 a month (exceeding his income), which "included $1,350 for rent,
Based on these findings, the court imposed a restitution schedule at 8% of Inouye's gross monthly income. Inouye now appeals.
We review a restitution order for "an abuse of discretion, provided that it is within the bounds of the statutory framework." United States v. Gordon, 393 F.3d 1044, 1051 (9th Cir.2004) (internal quotation marks omitted). "Factual findings supporting an order of restitution are reviewed for clear error. The legality of [the] order is reviewed de novo." Id. (internal quotation marks and ellipsis omitted).
On appeal, Inouye argues that the district court abused its discretion when it imposed an 8%-of-gross-income restitution schedule because it considered his projected future earnings and drew inferences about Inouye's finances with "no support in the record." Amicus contends that we cannot review Inouye's appeal and that, alternatively, the district court did not abuse its discretion. The government has changed its position on appeal and now supports the judgment below.
We hold that Inouye's appeal is reviewable, and we affirm the district court's order.
As a threshold matter, we reject Amicus's several arguments aimed at challenging our ability to review the merits of Inouye's appeal.
The district court did not abuse its discretion in setting Inouye's restitution schedule at 8% of his gross monthly income. When assessing whether a restitution schedule under 18 U.S.C. § 3664(f)(2) was an abuse of discretion, we follow a two-step inquiry: First, we determine whether the lower court applied the correct legal rule, and second, we determine whether the application of that rule or standard was illogical, implausible, or without support from any inferences that can be drawn from the record. United States v. Hinkson, 585 F.3d 1247, 1261-62 (9th Cir.2009) (en banc); see also United States v. Booth, 309 F.3d 566, 575 n. 6 (9th Cir. 2002) ("A restitution order is reviewed for abuse of discretion if it is within the bounds of the statutory framework."). Inouye fails to make out a case at either step, so we affirm.
First, contrary to Inouye's repeated assertion, the district court committed no legal error when it considered Inouye's projected future income. To the contrary. By law the district court "shall ... specify... the schedule according to which[] the restitution is to be paid, in consideration of ... projected earnings and other income of the defendant." 18 U.S.C. § 3664(f)(2)(B) (emphasis added). As we have made clear regarding § 3664(f)(2)(A), "a sentencing court must consider the defendant's financial resources in setting a restitution payment schedule." Ward v. Chavez, 678 F.3d 1042, 1052 (9th Cir.2012) (emphasis added). The same holds true for § 3664(f)(2)(B) — a district court must consider projected earnings when imposing
Second, as to the application of the restitution statute, we fail to see anything in the district court's order that is illogical, implausible, or without support from the record. Hinkson, 585 F.3d at 1261-62. The district court did not "ignore[] the cash flow report that was in the PSR," nor did it "ignore[] that [Inouye] was not paying medical insurance." The court recognized both of those facts explicitly. And the court's determination that Inouye's expenses in the immediate future were likely to be lower than they had been had ample support in the record. The court did not abuse its discretion by concluding that Inouye's expenses would be less when he was no longer living with his children, paying rent, or paying for utilities. Finally, we note, as did the district court, that if Inouye has no job, then 8% of $0.00 is $0.00, and he suffers no real prejudice. Inouye is free to seek further modification of his restitution schedule as his circumstances continue to evolve.