No. 22-5660

Jon Anthony Terry v. United States

Lower Court: Fifth Circuit
Docketed: 2022-09-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ability-to-pay criminal-procedure district-court due-process future-assessment hypothetical-means judicial-discretion sentencing special-assessment statutory-interpretation
Latest Conference: 2022-10-28
Question Presented (from Petition)

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 "means to pay" the assessment at some time in the distant future?

2. May a District Court impose more than one $000 Special assessment per defendant under 18 USC 3014(e) under a plain reading of the statutory language?

Question Presented (AI Summary)

Whether a district court may impose a special assessment under 18 U.S.C. 3014(a) based on a defendant's hypothetical future ability to pay, rather than their present financial circumstances

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-28
Waiver of right of respondent United States to respond filed.
2022-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2022)

Attorneys

Jon Anthony Terry
Jon Anthony Terry — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent