United States v. Cooper

870 F.2d 586 (1989) | Cited 5 times | Eleventh Circuit | April 19, 1989

Before TJOFLAT, HATCHETT and ANDERSON, Circuit Judges.

Per Curiam

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).


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