Whether district courts can consider future earning capacity in determining whether a person is 'non-indigent' for the purposes of assessing the $5000 mandatory special assessment set forth in 18 U.S.C. §3014(a)(3)?

QUESTIONS PRESENTED I. Whether district courts can consider future earing capacity in determining whether a person is “non-indigent” for the purposes of assessing the $5000 mandatory special assessment set forth in 18 U.S.C. § 3014(a)(3)? ii PARTIES Gary Don Boyd Graves is the petitioner; he was the defendant-appellant below. The United States of America is the respondent; it was the plaintiff-appellee below. iii