Opinion
CASE NO.: 8:09-cr-427-T-23MAP.
June 14, 2010
ORDER
The defendant moves (Doc. 20) "for an order dismissing" the $200.00 assessment imposed at his February 2, 2010, sentencing "because he is extraordinarily poor and indigent." The defendant relies on 18 U.S.C. § 3614(c), which governs only a fine or restitution. A special assessment is neither a fine nor restitution, and Section 3614(c) is inapplicable. Further Section 3614(c) prohibits imprisonment based solely upon a defendant's inability due to indigency to pay a fine or restitution. The defendant is incarcerated based on a felony conviction and his imprisonment is in no respect due to non-payment of a fine or restitution. Again, Section 3614(c) is inapplicable.
Imposed under 18 U.S.C. § 3013, the special assessment is mandatory, regardless of ability to pay. The motion is DENIED.
ORDERED in Tampa, Florida.