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United States of America v. Serapio Rodriguez-Torres

December 21, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
SERAPIO RODRIGUEZ-TORRES, DEFENDANT.



ORDER

On June 30, 2011, the court entered a judgment of conviction on a single count of violation of 8 U.S.C. § 1326(a). On October 26, 2012, the defendant filed a request to waive the $100.00 felony assessment (ECF 21). On November 12, 2012, plaintiff United States filed a response (ECF 23).

As plaintiff points out, and as the language of the statute providing for the assessment itself makes clear, the $100.00 felony assessment is mandatory. 18 U.S.C. § 3013(a)(2)(A). The only basis for relief from the assessment at this time would be a petition by plaintiff demonstrating that efforts to collect the assessment "are not likely to be effective."

18 U.S.C. § 3573(1). No such petition is pending before the court. Although the assessment statute provides that "[t]he obligation to pay an assessment ceases five years after the date of the judgment," 18 U.S.C. § 3013(c), five years has not run from the entry of judgment in this case.

Accordingly, it is hereby ORDERED that defendant's request for waiver of the $100.00 assessment is DENIED.

UNITED STATES DISTRICT JUDGE

20121221

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