United States v. Rosario, No. 18-2739 (2d Cir. 2021)
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Rosario pled guilty to three offenses stemming from his sexual exploitation of a minor. As part of Rosario’s sentence, the district court ordered Rosario to pay a $5,000 special assessment under the Justice for Victims of Trafficking Act of 2015, 18 U.S.C. 3014(a), which requires courts tp impose the assessment on all “non-indigent” persons convicted of specified offenses.
The Second Circuit affirmed, rejecting Rosario’s argument that the district court erred by considering his future earning capacity in finding him to be “non-indigent.” The court had considered Rosario’s health, outstanding debts and current assets, employment while incarcerated, “extensive prior work history,” and “transferable skills” in “basic plumbing, painting, flooring, and tile work” while noting “that [Rosario’s] felony convictions and sex-offender status will likely have an adverse effect on his employability.” The ordinary meaning of “indigent” encompasses not only a lack of present resources but also includes a forward-looking assessment of the defendant’s “means” or ability to pay. This understanding is reinforced by the statutory scheme, which provides defendants 20 years after their release to make payment. It is also consistent with precedent and the view of all six other circuits that have addressed the issue.
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