United States v. Don Stovall and Robert Harlon "Frosty" Winter, 833 F.2d 526

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.

Case Details

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

Court Name: Court of Appeals for the Fifth Circuit

Date Published: Nov 24, 1987

Citations: 833 F.2d 526; 1987 U.S. App. LEXIS 16167; 86-1453

Docket Number: 86-1453

Court Abbreviation: 5th Cir.