October 31, 2018
from the United States District Court for the Southern
District of Indiana, Evansville Division. No. 17-cr-00018 -
Richard L. Young, Judge.
Flaum, Easterbrook, and Brennan, Circuit Judges.
Joshua Bolin pleaded guilty to possessing sexually explicit
material involving minors, in violation of 18 U.S.C. §
2252(a)(4)(B). After Bolin signed a plea agreement, the
district court sentenced Bolin to 120 months of imprisonment
and a supervised release term of 15 years. The district court
did not impose a fine, but it ordered Bolin to pay the
mandatory special assessment and the additional special
assessment under 18 U.S.C. §§ 3013 and 3014. Bolin
argues that the district court erred in imposing the $5, 000
additional special assessment under § 3014 because he is
indigent. The government argues Bolin has waived this claim.
We agree, and we affirm.
31, 2017, the government charged Bolin with possession of
sexually explicit material involving minors, in violation of
18 U.S.C. §§ 2252(a)(4)(B) and 2252(b)(2). At his
initial appearance, Bolin submitted a financial affidavit.
The court approved it and appointed him counsel under the
Criminal Justice Act. See 18 U.S.C. § 3006A.
and the government jointly filed a "Petition to Enter
Guilty Plea and Plea Agreement" on February 21, 2018
informing the court that Bolin had agreed to plead guilty.
The plea agreement included a section titled "Waiver of
Right to Appeal," which, relevant here, had a paragraph
that addressed "Direct Appeal." That paragraph
The defendant understands that the defendant has a statutory
right to appeal the conviction and sentence imposed and the
manner in which the sentence was determined. Acknowledging
this right, and in exchange for the concessions made by the
Government in this Plea Agreement, the defendant expressly
waives the defendant's right to appeal the conviction
imposed in this case on any ground, including the right to
appeal conferred by 18 U.S.C. § 3742.... This blanket
waiver of appeal specifically includes all provisions of the
guilty plea and sentence imposed, including the length and
conditions [of] supervised release and the amount of any
change of plea hearing on March 14, 2018, the district court
determined that Bolin was competent and capable of entering
into an informed plea, and the district court adjudged Bolin
U.S. Probation Office filed a Presentence Investigation
Report ("PSR"). The PSR explained that under the
relevant statutes, Bolin faced a $250, 000 fine, and under
the Guidelines, he faced a $20, 000 to $200, 000 fine.
Nevertheless, the Probation Office recommended that the court
not impose any fine on Bolin. Additionally, in accordance
with the statutes, the Guidelines, and the plea agreement,
the Probation Office recommended that the district court
impose $100 for the mandatory special assessment and $5, 000
for the additional special assessment, but it did not
elaborate as to its reasoning for those recommendations.
sentencing hearing on May 15, 2018, the district court
described Bolin as a "relatively intelligent young
man," who graduated "close to the top ten in his
high school class," and who is "interested in
electronics." When the district court asked Bolin about
his post-release plans, Bolin said he hoped to use the
education he received from the Bureau of Prisons to work and
have a normal life. In turn, the district court said Bolin
"should take advantage of education [and] vocational
training opportunities while he's at the Bureau, so when
he does come out of the Bureau of Prisons, he'll be able
to seek employment and become a productive member of society
and be able to support himself."
the district court sentenced Bolin to 120 months of
imprisonment and a supervised release term of 15 years. The
district court did not impose a fine given Bolin's
"current financial resources and future ability to
pay/' but it ordered Bolin to pay a mandatory special
assessment of $100 and an additional special assessment of
$5, 000. ...