GILL

v.

UNITED STATES; AND BRUNO V. UNITED STATES

Citator

Cited By (84 total)

• State v. Beasley, 580 So. 2d 139 (Fla. 1991)
  …costs that a court must determine if the defendant has the ability to pay. Our conclusion is consistent with decisions rendered by federal courts which have addressed this issue. In United States v. Pagan, 785 F. 2d 378, 381 (2d Cir.), cert. denied, 479 U.S. 1017, 107 S.Ct. 667, 93 L.Ed.2d 719 (1986), the court examined the procedural due process to be accorded an indigent defendant when mandatory statutory costs are implicated and held: Thus, the imposition of assessments on an indigent, per se, does not o…
• Hollingsworth v. State, 632 So. 2d 176 (Fla. 5th DCA 1994)
  …authority, similar to the Florida statute, upholding the imposition of costs per count instead of per case. 18 U.S.C. § 3013 (Supp. II 1984); see U.S. v. McGuire, 909 F. 2d 440 (11th Cir.1990); U.S. v. Pagan, 785 F. 2d 378 (2nd Cir.), cert. denied, 479 U.S. 1017, 107 S.Ct. 667, 93 L.Ed.2d 719 (1986). In each ease, the federal courts have interpreted the federal statute to mean that costs are incurred for each conviction or count and not for each case. The federal courts have held that since costs are incurr…
• Beasley v. State, 565 So. 2d 721 (Fla. 4th DCA 1990)
  …on of costs and that the question of ability to pay was premature until attempt was made to collect the costs imposed. See also 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). As the court stated in Pagan, Thus, the imposition of assessments on an indigent, per se, does not offend the Constitution. Constitutional principles will be implicated here only if the government seeks to for…