From Casetext: Smarter Legal Research

United States v. Cooper

United States Court of Appeals, Eleventh Circuit
Apr 19, 1989
870 F.2d 586 (11th Cir. 1989)

Summary

concluding that the per count special assessment is mandatory and expressly adopting the reasoning of the Second Circuit in United States v. Pagan, 785 F.2d 378, 380-81 (2nd Cir.), cert. denied, 479 U.S. 1017, 107 S.Ct. 667, 93 L.Ed.2d 719

Summary of this case from U.S. v. McGuire

Opinion

No. 87-5984. Non-Argument Calendar.

April 19, 1989.

Dexter W. Lehtinen, U.S. Atty., Steven E. Chaykin, David O. Leiwant, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before TJOFLAT, HATCHETT and ANDERSON, Circuit Judges.


Appellant is serving three concurrent federal prison sentences, having pled guilty to three counts alleging firearm offenses. In addition to imposing these prison sentences, the district court required appellant to pay a mandatory $50 assessment, as prescribed by 18 U.S.C. § 3013(a)(2)(B) (1982), on each count. Appellant contends, in this 28 U.S.C. § 2255 (1982) proceeding, that the assessments are unconstitutional as applied to him, because he is indigent. We disagree, adopting the reasoning of the First and Second Circuits in United States v. Rivera-Velez, 839 F.2d 8 (1st Cir. 1988); United States v. Pagan, 785 F.2d 378 (2d Cir.), cert. denied, 479 U.S. 1017, 107 S.Ct. 667, 93 L.Ed.2d 719 (1986).

AFFIRMED.


Summaries of

United States v. Cooper

United States Court of Appeals, Eleventh Circuit
Apr 19, 1989
870 F.2d 586 (11th Cir. 1989)

concluding that the per count special assessment is mandatory and expressly adopting the reasoning of the Second Circuit in United States v. Pagan, 785 F.2d 378, 380-81 (2nd Cir.), cert. denied, 479 U.S. 1017, 107 S.Ct. 667, 93 L.Ed.2d 719

Summary of this case from U.S. v. McGuire

adopting the reasoning of Pagan

Summary of this case from Latonik v. Fla. Dep't of Highway Safety & Motor Vehicles

In United States v. Cooper, 870 F.2d 586 (11th Cir. 1989), the Eleventh Circuit agreed with the First and Second Circuits in rejecting a defendant's contention that assessment of costs against him was unconstitutional because he was indigent.

Summary of this case from Beasley v. State
Case details for

United States v. Cooper

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. LARRY VIVIAN COOPER…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Apr 19, 1989

Citations

870 F.2d 586 (11th Cir. 1989)

Citing Cases

U.S. v. McGuire

In at least two prior decisions, this court affirmed such cumulative assessments where the district court had…

U.S. v. Jordan

Hill, 368 U.S. at 426-27, 82 S.Ct. at 470 (quotation omitted). In cases arising under § 2255, we have, among…