Unpublished Disposition, 896 F.2d 1370 (9th Cir. 1990)

MEMORANDUM^** 

Defendant-appellant George Romero appeals the district court's affirmance of his conviction in a trial before a magistrate on a misdemeanor charge of conducting an unpermitted commercial enterprise on a national wildlife refuge, in violation of 50 C.F.R. Sec. 27.97. Romero contends that the district court erred in finding that there was sufficient evidence to support his conviction. We affirm the conviction for the reasons set forth in the district court's order.

The magistrate ordered Romero to pay a mandatory special assessment of $50 pursuant to 18 U.S.C. § 3013. Although Romero did not raise the issue in this appeal, we recently held that the $50 special assessment pursuant to 18 U.S.C. § 3013 violates the origination clause of the Constitution, art. I, Sec. 7. United States v. Munoz-Flores, 863 F.2d 654 (9th Cir. 1988), cert. granted, 110 S. Ct. 48 (1989); see also Shah v. United States, 878 F.2d 1156 (9th Cir.), cert. denied, 110 S. Ct. 195 (1989). We therefore vacate that portion of Romero's sentence. We affirm the remainder of the judgment and sentence.

AFFIRMED in part, VACATED in part.