United States v. Jose Rivera-Velez, A/K/A "Cheo,"

Appellant José Rivera-Velez pled guilty to a charge of possession of stolen material, 18 U.S.C. § 1708 (1982), and was sentenced by the district court to a five-year term of imprisonment which the court suspended. Rivera-Velez was placed on probation and the court imposed the special monetary assessment of $50 required by law, 18 U.S.C. § 8013 (Supp. II 1984).

Appellant challenges on appeal only the $50 special assessment, contending that imposition of a mandatory fine upon an indigent defendant violates the Constitution. It is not controverted that at the time of his being sentenced and,…