U.S. Court of Appeals for the Eleventh Circuit, 1989

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

United States v. Larry Vivian Cooper, A/K/A Larry v. Cooper
U.S. Court of Appeals for the Eleventh Circuit · Decided April 19, 1989 · Tjoflat, Hatchett, Anderson
870 F.2d 586; 1989 U.S. App. LEXIS 5183; 1989 WL 29953 (Federal Reporter, Second Series)

Counsel

Dexter W. Lehtinen, U.S. Atty., Steven E. Chaykin, David O. Leiwant, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

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

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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.

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