United States of America, Plaintiff-appellee, v. Maria Yanibe Montilla, Defendant-appellant, 907 F.2d 115 (9th Cir. 1990)

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U.S. Court of Appeals for the Ninth Circuit - 907 F.2d 115 (9th Cir. 1990)

July 12, 1990


Before WALLACE, FARRIS and BEEZER, Circuit Judges.


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 V 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) (1984). This assessment was proper. Munoz-Flores, --- U.S. ----, 110 S. Ct. 1964, 109 L. Ed. 2d 384 (1990).

The mandate shall issue forthwith.

AFFIRMED.