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United States v. Pineda

Neither 18 U.S.C. �3013 nor �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. 5th U.S. Circuit Court of Appeals, No. 08-41301, 01-22-2010

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Before JONES, Chief Judge, and SMITH and ELROD, Circuit Judges.

This appeal concerns a $100 assessment.

In 2001, Jose Carlos Pineda pled guilty to illegal re-entry 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.

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