Case: 08-41301 Document: 00511010538 Page: 1 Date Filed: 01/22/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 22, 2010
No. 08-41301 Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee
v.
JOSE CARLOS PINEDA,
Defendant–Appellant
Appeal from the United States District Court
for the Southern District of Texas
Before JONES, Chief Judge, and SMITH and ELROD, Circuit Judges.
PER CURIAM:
This appeal concerns a $100 assessment.
In 2001, Jose Carlos Pineda pled guilty to illegal reentry after deportation
and was sentenced to seventy months of imprisonment and three years of
supervised release. Pursuant to 18 U.S.C. § 3013, he was also ordered to pay a
$100 special assessment, the proceeds of which would be deposited in the Crime
Victims Fund. After serving his sentence of imprisonment, Pineda was deported
to Mexico in 2005. He did not pay the assessment.
In 2008, seven years after the 2001 judgment, Pineda was found illegally
present in this country again, in violation of federal law and his supervised
release terms. Pineda’s supervised release was revoked, and in a written order,
the district court reimposed the unpaid special assessment.
Case: 08-41301 Document: 00511010538 Page: 2 Date Filed: 01/22/2010
No. 08-41301
On appeal, Pineda argues that this act was ultra vires. The government
agrees that the district court exceeded its authority, regardless whether it
sought to reinstate the previous unpaid assessment or to impose a new
assessment. Section 3013(c) states that “The obligation to pay an assessment
ceases five years after the date of the judgment.” Neither § 3013 nor 18 U.S.C.
§ 3583, which concerns supervised release, sanctions the imposition of a § 3013
assessment for revocation of a term of supervised release. The district court
therefore lacked authority to impose or reimpose a special assessment.
Accordingly, we VACATE in part and REMAND for amendment of the
judgment consistent with this opinion.
2