Sentencing Guidelines » Chapter 5

U.S.S.G. § 5E1.3

Special Assessments

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A special assessment must be imposed on a convicted defendant in the amount prescribed by statute. 

 

Commentary

Application Notes:

1.      This guideline applies only if the defendant is an individual.  See §8E1.1 for special assessments applicable to organizations. 

2.      The following special assessments are provided by statute (18 U.S.C. § 3013):

For Offenses Committed By Individuals On Or After April 24, 1996:

(A)    $100, if convicted of a felony;
(B)    $25, if convicted of a Class A misdemeanor;
(C)   $10, if convicted of a Class B misdemeanor;
(D)   $5, if convicted of a Class C misdemeanor or an infraction.

For Offenses Committed By Individuals On Or After November 18, 1988 But Prior To April 24, 1996:

(E)    $50, if convicted of a felony;
(F)    $25, if convicted of a Class A misdemeanor;
(G)   $10, if convicted of a Class B misdemeanor;
(H)   $5, if convicted of  a Class C misdemeanor or an infraction.

For Offenses Committed By Individuals Prior To November 18, 1988:

(I)     $50, if convicted of a felony;
(J)    $25, if convicted of a misdemeanor.  

3.      A special assessment is required by statute for each count of conviction. 

Background:  Section 3013 of title 18, United States Code, added by the Victims of Crimes Act of 1984, Pub. L. No. 98–473, Title II, Chap. XIV, requires courts to impose special assessments on convicted defendants for the purpose of funding the Crime Victims Fund established by the same legislation.

Historical Note:  Effective November 1, 1987.  Amended effective November 1, 1989 (amendments 282 and 302); November 1, 1997 (amendment 573); November 1, 2023 (amendment 824).


 

Notes of Decisions
Cited in 13 cases, 1992–2004 · leading case: United States v. Anthony J. Gricco, William T. McCardell in 00-2179, 277 F.3d 339 (3rd Cir. 2002).
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United States v. Anthony J. Gricco, William T. McCardell in 00-2179, 277 F.3d 339 (3rd Cir. 2002). “Thus, Gricco should have been assessed $100 for the conspiracy conviction, $100 for tax evasion committed in 1997 by filing the false 1994 tax return, $100 for filing the false 1994 tax return in 1997, $100 for tax evasion committed in 1997 by filing the false 1993 tax return,…”
United States v. Roselli, 366 F.3d 58 (1st Cir. 2004). “1; U.S.S.G. § 5E1.3. 7 . The court cited Fed.”
United States v. Joseph Corona, III Lindsey McDonald, 108 F.3d 565 (5th Cir. 1997). “Although both defendants’ sentences on counts one and two are concurrent, each of the three sentences carries its own *572 $50 special assessment under U.S.S.G. § 5E1.3. As long as a sentence carries a mandatory special assessment, it is a separate punishment for double jeopardy…”
United States v. Blarek, 7 F. Supp. 2d 192 (E.D.N.Y 1998). · cites it 2× “§ 3013 (a)(2)(A) and U.S.S.G. § 5E1.3. 2. Pellecchia Pellecchia’s total offense level is computed at 30.”
United States v. Gigante, 989 F. Supp. 436 (E.D.N.Y 1998). · cites it 2× “” U.S.S.G. § 5E1.3. Then-purpose is the funding of the Crime Victims’ Fund.”
United States v. Ginyard, Harry A., 215 F.3d 83 (D.C. Cir. 2000). “The government’s failure to include both the supervised release and the special assessment components, see U.S.S.G. § 5E1.3 & Application Note 2A; 18 U.”
United States v. Gamez, 1 F. Supp. 2d 176 (E.D.N.Y 1998). “U.S.S.G. § 5E1.3. The fine may be paid up to the end of the supervised release period without interest.”
United States v. Bogan, 788 F. Supp. 433 (N.D. Cal. 1992). “2(e); (3) reimbursement fines in an “amount that is at least sufficient to pay the costs to the government of any imprisonment, probation, or supervised release ordered;” Sentencing Guidelines § 5E1.2(i); and (4) special assessments to support the Crime Victims Fund.”
United States v. Sanchez., 38 F. Supp. 2d 355 (D.N.J. 1999). “2, the appropriate range for the imposition of a fíne is between $4,000 and $40,000; and (6) that the special assessment, pursuant to USSG § 5E1.3 and 18 U.S.C. § 3013 , is $100.”
United States v. Oehlenschlager, 895 F. Supp. 245 (D. Minnesota 1995). “U.S.S.G. § 5E1.3. III.Imposition of Sentence Defendant, Steven Miles Oehlenschlager, Jr.”
United States v. Corona (5th Cir. 1997). “We hold that, with the possible exception of cases in which conspirators use fire as a means of communication, Congress has not authorized three separate punishments for arson, for conspiracy to commit arson, and for using fire to commit conspiracy to commit arson. 12 Although…”
United States v. Moore (10th Cir. 1998). “§ 3013 ; United States Sentencing Guidelines § 5E1.3 (special assessment is $50.”
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