UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LARRY VIVIAN COOPER, A/K/A LARRY V. COOPER, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
LARRY VIVIAN COOPER, A/K/A LARRY V. COOPER, DEFENDANT-APPELLANT
870 F.2d 586
Court of Appeals for the Eleventh Circuit (1989)
Positive Treatment
Cited by 36 cases
Opinion of the Court
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).
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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State v. Beasley, 580 So. 2d 139 (Fla. 1991)…overnment seeks to enforce collection of the assessments “ ‘at a time when [Pagan is] unable, through no fault of his own, to comply.’ ” (Citations omitted.) Accord United States v. Rivera-Velez, 839 F. 2d 8 (1st Cir.1988); United States v. Cooper, 870 F. 2d 586 (11th Cir.1989). We now turn to the facts of the instant case. Applying the two-part procedural due process protections as delineated in Jenkins, we first must examine whether Beasley had adequate notice and opportunity to be heard. As to notice, p…
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Beasley v. State, 565 So. 2d 721 (Fla. 4th DCA 1990)…s. The state does not concede this point, but presents a new argument that we should reconsider and reevaluate this issue in light of recent federal decisions, then certify a question to the supreme court for resolution. 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. The court believed that the imposition of costs…
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Rowe v. State, 558 So. 2d 174 (Fla. 5th DCA 1990)…er all three sections after notice and hearing in accordance with Mays v. State, 519 So. 2d 618 (Fla.1988). The state argues this court should adopt the federal rationale regarding assessment of costs as contained in United [*175] States v. Cooper, 870 F. 2d 586 (11th Cir.1989); United States v. Rivera-Velez, 839 F. 2d 8 (1st Cir.1988) and 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). In those eases, the courts held that a mandatory $50 a…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gill v. United States, 479 U.S. 1017 (U.S. 1986)
- Smith v. United States, 479 U.S. 1017 (U.S. 1986)
- United States v. Pagan, 785 F.2d 378 (2d Cir. 1986)
- United States v. José Rivera-Velez, 839 F.2d 8 (1st Cir. 1988)