Dustin Wayne Randall v. United States
SocialSecurity
Whether 18 U.S.C. § 3014 requires a non-indigent defendant to pay a single additional special assessment of $5,000 or $5,000 for every qualifying conviction
Question Presented for Review Congress mandates any person convicted of “an offense against the United States” pay a nominal special assessment under 18 U.S.C. § 3013. The total amount of this special assessment ranges between $5 to $400, depending on the type of infraction or class of offense and whether the defendant is an individual or an organization. 18 U.S.C. § 3013(a)(1)-(2). In Rutledge v. United States, 517 U.S. 292, 301 (1996), this Court stated § 3013 requires a “special assessment for every conviction.” In 2015, Congress mandated “an additional” special assessment in “an amount of $5,000” under 18 U.S.C. § 3014(a), triggered only if a non-indigent defendant is “convicted of an offense” among five offense categories. See 18 U.S.C. § 3014(a)(1)-(5). Because the text, structure, scheme, purpose, and history of § 3014 differ from § 3018, the federal circuit courts do not agree on how to interpret § 3014. Federal courts remain divided over whether § 3014(a)’s assessment in “an amount of $5,000,” once triggered by a conviction under a qualifying offense category, is to be imposed only once per defendant or repeatedly for each qualifying conviction. 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 additional special assessment in “an amount of $5,000” or pay $5,000 for every qualifying conviction. i