United States v. Larry Vivian Cooper, A/K/A Larry v. Cooper

U.S. Court of Appeals for the Eleventh Circuit
United States v. Larry Vivian Cooper, A/K/A Larry v. Cooper, 870 F.2d 586 (11th Cir. 1989)
1989 U.S. App. LEXIS 5183; 1989 WL 29953

United States v. Larry Vivian Cooper, A/K/A Larry v. Cooper

Opinion

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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Larry Vivian COOPER, A/K/A Larry v. Cooper, Defendant-Appellant
Cited By
15 cases
Status
Published