United States v. Otradovec, No. 22-1473 (7th Cir. 2023)
Annotate this Case
Otradovec pleaded guilty to producing child pornography, 18 U.S.C. 2251, an offense subject to section 3014, which directs certain “non-indigent” sex offenders to pay a $5,000 special assessment within 20 years from the entry of a criminal judgment or their release from imprisonment. He argued that his financial condition rendered him indigent under section 3014 because he had spent the last of his money paying for a private attorney, although he qualified for appointed counsel. The government focused on his future prospects and underscored that his college degree, military service, and consistent work history would probably allow him to secure a job after his release. Without explaining how it considered Otradovec’s present and future financial condition, the district court imposed the special assessment and order Otradovec to pay $100 a month starting after his release, while acknowledging that Otradovec could not afford to pay other criminal fines.
The Seventh Circuit vacated and remanded. It is uncertain how the district court understood the term “non-indigent” and whether it considered Otradovec’s future earnings capacity within the appropriate boundaries. Indigency covers two things: eligibility for appointed counsel and the financial capacity to provide for oneself.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.