United States v. Don Stovall and Robert Harlon "Frosty" Winter

833 F.2d 526, 1987 U.S. App. LEXIS 16167

Opinion

PER CURIAM:

IT IS ORDERED that references to the special assessment under 18 U.S.C. § 3013 appearing in the court’s opinion in this case are DELETED as irrelevant to the decision.

At the conclusion in Part III A of our opinion in this case, we indicated that Ray v. United States, — U.S. —, 107 S.Ct. 2093, 95 L.Ed.2d 693 (1987), did not apply, and the concurrent sentence doctrine made it unnecessary to review the convictions on several of the counts. Our conclusion was that the $50 special assessment, pursuant to 18 U.S.C. § 3013, had not been ordered although mandated by that section. Government counsel has pointed out to us that § 3013 was enacted after the offenses charged in this case occurred. Therefore, the special assessments called for in that section could not have been imposed.