United States v. Don Stovall and Robert Harlon "Frosty" Winter
UNITED STATES of America, Plaintiff-Appellee, v. Don STOVALL and Robert Harlon “Frosty” Winter, Defendants-Appellants
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, *527 the special assessments called for in that section could not have been imposed.
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