United States v. Maria Yanibe Montilla

907 F.2d 115, 1990 U.S. App. LEXIS 25955, 1990 WL 95446

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 12, 1990
• Docket: 88-5177
• Status: Published

Opinion

ORDER

By order filed April 20, 1989, the mandate was stayed in this cause pending a decision of the United States Supreme Court in United States v. Munoz-Flores, 863 F.2d 654 (9th Cir.1988). The Supreme Court’s opinion in United States v. Munoz-Flores, — U.S. -, 110 S.Ct. 1964, 109 L.Ed.2d 384 (1990), reverses the decision in Munoz-Flores. Accordingly, our opinion in the above cause at 870 F.2d 549 (9th Cir.1989) is amended by striking all of part Y and substituting the following:

V

The district court ordered Montilla to pay a mandatory special assessment of $50 pursuant to 18 U.S.C. § 3013(a)(2)(A) (198.4). This assessment was proper. Munoz-Flores, — U.S. -, 110 S.Ct. 1964, 109 L.Ed.2d 384 (1990).

The mandate shall issue forthwith.

AFFIRMED.