Opinion
No. S3 02 Crim. 1141 (LAK).
September 6, 2005
ORDER
Defendant is serving a sentence of life imprisonment plus 10 years and, inter alia, payment of the mandatory special assessment of $300. He has filed what he calls a special motion for an experte nunc pro tunc order for temp exempt FRP status. As best the Court can discern, he appears to seek an order relieving him of the obligation to pay the $300 on the ground the Bureau of Prisons is insisting that he pay it in $25 per quarter installments, that he may not have funds to do so, and that the failure to do so may result in the loss of institutional privileges.
The statute relied upon by defendant, 18 U.S.C. § 3664(k), does not give the Court the power to modify the sentence imposed in respect of the special assessment. Moreover, the issue at the moment is purely hypothetical. There will be time enough for defendant to challenge any action by the Bureau of Prisons if, as and when his privileges are suspended.
The motion is denied.
SO ORDERED.