U.S. v. Johnson

Defendant appealed from the district court’s imposition of an assessment under the Amy, Viky, and Andy Child Pornography Victim Assistance Act, arguing that it could not be reconciled with the trial court’s decision to waive any fines based on his indigency. The Seventh Circuit explained that the assessment under the AVAA is mandatory, regardless of the defendant’s ability to pay, but that the trial court could take into account the defendant’s financial condition when setting the amount. The Seventh Circuit then vacated and remanded to allow the district court to impose an AVAA assessment and to explain its basis for doing so. (BRENNAN and MALDONADO, concurring)