Indigency-Special Assessment

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7^th Circuit Court of Appeals

Case Name: United States of America v. Cash Otradovec

Case No.: 22-1473

Officials: Easterbrook, Scudder, and Lee, Circuit Judges.

Focus: Indigency-Special Assessment

Otradovec entered a guilty plea for producing child pornography, as outlined in 18 U.S.C. 2251. This offense falls under section 3014, which mandates that certain “non-indigent” sex offenders must pay a special assessment of $5,000 within 20 years from the entry of the criminal judgment or their release from imprisonment. Otradovec argued that his financial circumstances made him indigent under section 3014, citing the fact that he had depleted his funds to pay for a private attorney, despite being eligible for appointed counsel.

The government focused on Otradovec’s future prospects, highlighting his college degree, military service, and consistent work history, suggesting that he would likely secure employment after his release. However, the district court imposed the special assessment and ordered Otradovec to make monthly payments of $100 after his release, without providing an explanation regarding its consideration of Otradovec’s present and future financial situation. It acknowledged that Otradovec would be unable to afford other criminal fines.

The Seventh Circuit expressed uncertainty regarding how the district court interpreted the term “non-indigent” and whether it properly assessed Otradovec’s potential future earnings within the appropriate parameters. It emphasized that indigency encompasses two aspects: eligibility for appointed counsel and the financial capacity to provide for oneself.

Vacated and remanded

Decided 07/06/23

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