Gianelli

*832 MEMORANDUM *

Ronald Gianelli appeals the district court’s order establishing a monthly payment plan for satisfaction of the unpaid balance of a restitution order imposed in 1987. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate the district court’s order and remand for further proceedings.

The payment plan resulted from Gianel-li’s sentence for mail fraud in 1987, for which he was ordered “to make restitution [to the United States] in the amount of $125,000.00.” The judgment, however, does not reflect the statutory basis for the restitution order, nor does it state that restitution is a term and condition of probation. This omission is significant, as the statutory basis upon which the district court relied to impose restitution may determine whether the restitution order is still enforceable.

When the district court sentenced Gia-nelli in May 1987 there were two statutes upon which it could have based its restitution order: either the Federal Probation Act (“FPA”), 18 U.S.C. § 3651 (repealed Nov. 1, 1987), or the Victim and Witness Protection Act (‘VWPA”), 18 U.S.C. §§ 3579 , 3580 (now codified at 18 U.S.C. §§ 3663 , 3664 (2002)). Under the FPA, restitution…