special-assessment

12 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-6808 Joseph Michael King, aka Joey King v. United States Fourth Circuit 2024-02-22 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-process non-indigent sentencing sentencing-enhancement special-assessment statutory-interpretation Under 18 U.S.C. § 3014(a), defendants convicted of certain sexual offenses must be assessed a $5000 special assessment if one other condition is met —…
23-6244 Edmond Carl Warrington v. United States Tenth Circuit 2023-12-13 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-law criminal-sentencing federal-jurisdiction federal-offense judicial-review sentencing special-assessment statutory-interpretation Whether the $5,000 additional special assessment imposed under 18 U.S.C. § 3014, which applies upon conviction of certain enumerated federal offenses,…
23-5237 Jordan Cole Laws v. United States Fourth Circuit 2023-07-28 Denied Response WaivedIFP court-discretion criminal-procedure factual-findings indigent indigent-defendant justice-for-victims-of-trafficking-act sentencing special-assessment statutory-interpretation Did the district court err when it imposed a $5,000 special assessment, pursuant to the Justice for Victims of Trafficking Act of 2015, 18 U.S.C. § 30…
22-6109 Dustin Wayne Randall v. United States Ninth Circuit 2022-11-18 Denied IFP circuit-split criminal-law criminal-procedure double-jeopardy due-process non-indigent-defendant special-assessment statutory-construction statutory-interpretation The question presented is whether 18 U.S.C. § 3014, once triggered by a qualifying conviction, requires a non-indigent defendant to pay a single addit…
22-5660 Jon Anthony Terry v. United States Fifth Circuit 2022-09-22 Denied Response WaivedIFP ability-to-pay criminal-procedure district-court due-process future-assessment hypothetical-means judicial-discretion sentencing special-assessment statutory-interpretation 1. May a District Court at sentencing, find a defendant "non-indigent" for the purposes of 18 USC 3014(e), based upon past income and a hypothetical "…
21-8076 Siva K. Durbesula v. United States Fourth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release 1) WHETHER THE SIXTH AMENDMENT REQUIRES A JURY RATHER THAN A JUDGE TO DETERMINE FACTS WHICH ARE USED TO APPLY ENHANCED PUNSIHMENTS INCLUDING THE PERIO…
20-904 Deborah Holter v. City of Mandan, North Dakota North Dakota 2021-01-05 Denied abuse-of-discretion due-process fourteenth-amendment governmental-action judicial-discretion property-rights special-assessment special-assessments takings village-of-norwood-v-baker 1. By paying a nominal portion of the total costs of an improvement for which the remaining costs will be specially assessed against private propertie…
20-5877 Demetrius Cherilus Morancy v. United States Eleventh Circuit 2020-10-01 Denied Response WaivedIFP 18-usc-3013 criminal-law criminal-procedure federal-statute legal-procedure offenses-against-the-united-states sentencing special-assessment statutory-interpretation Whether the special assessment required by 18 U.S.C. Section 3013 for "an offense against the United States" is required to be imposed for all offense…
19-8056 Brian Alan Matalka v. United States Fifth Circuit 2020-03-23 Denied Response WaivedIFP administration-of-justice criminal-procedure federal-criminal-procedure federal-statutes fifth-circuit-review indigency indigent-status plain-error plain-error-review special-assessment standard-of-review Did the Fifth Circuit's cursory review of the district court record reached the wrong conclusion that Matalka was not indigent under the standard pros…
19-5540 Thomas Edward Wright v. United States Fourth Circuit 2019-08-09 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights constitutional-claims due-process eighth-amendment judicial-discretion sentencing sentencing-guidelines special-assessment standing statutory-interpretation Did the United States Court of Appeals for the Fourth Circuit err in granting the government's motion to dismiss by denying the Petitioner the ability…
18A1318 UMB Bank, N.A., et al. v. Landmark Towers Association, Inc. Colorado 2019-06-17 Presumed Complete ad-valorem-tax due-process municipal-district myles-salt property-tax special-assessment Whether the Due Process Clause requires an ad valorem property tax to confer a "special benefit" on property owners included in a taxing district, and…
18-7012 Anthony Jerome Addison v. United States Fourth Circuit 2018-12-13 Denied Response WaivedIFP 8th-amendment civil-procedure civil-rights constitutional-claims constitutional-rights criminal-history due-process eighth-amendment origination-clause sentencing-guidelines special-assessment standing statutory-claims Did the United States Court of Appeals for the Fourth Circuit err in granting the government's motion to dismiss by denying the Petitioner the ability…