United States of America, Plaintiff-appellee, v. Larry Vivian Cooper, A/k/a Larry v. Cooper, Defendant-appellant, 870 F.2d 586 (11th Cir. 1989)

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US Court of Appeals for the Eleventh Circuit - 870 F.2d 586 (11th Cir. 1989)

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).