Unpublished Disposition, 878 F.2d 387 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 878 F.2d 387 (9th Cir. 1989)

UNITED STATES of America, Plaintiff-Appellee,v.Stephen W. ROBB, Defendant-Appellant.

No. 88-5320.

United States Court of Appeals, Ninth Circuit.

Submitted June 21, 1989* .Decided June 23, 1989.

Stephen v. Wilson, District Judge, Presiding.

Before HUG, SCHROEDER and LEAVY, Circuit Judges.


Stephen W. Robb appeals his sentence, following his guilty plea, for four counts of unarmed bank robbery. Robb contends that his sentence should have been imposed pursuant to the Sentencing Reform Act of 1984 ("SRA") and that his sentence should not have included the special assessment of two hundred dollars ($200.00) levied pursuant to 18 U.S.C. § 3013(a) (2) (A). We agree.

Robb committed his crimes on January 20, and 25, 1988, February 27, 1988 and March 29, 1988. The SRA is effective for crimes committed after October 31, 1987. See United States v. Rewald, 835 F.2d 215, 216 (9th Cir. 1989). Thus, the SRA is applicable to Robb's sentencing. See United States v. Kane, No. 88-1402, slip op. 5575, 5578-79 (9th Cir. May 25, 1989); United States v. Bazemore, 869 F.2d 520, 521 (9th Cir. 1989). Therefore, we reverse Robb's sentence and remand for resentencing under the SRA.

In United States v. Munoz-Flores, 863 F.2d 654, 661 (9th Cir. 1988) this court held that the special assessment statute was passed in violation of U.S. Const. art. I, Sec. 7, the origination clause. This holding has been applied regardless of the defendant's sentencing date. United States v. Anguiano, No. 87-5319, slip op. 4777, 4791 (9th Cir. May 5, 1989); United States v. Montilla, 870 F.2d 549, 553 (9th Cir. 1989). Therefore, we vacate the special assessment imposed upon Robb.



The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Circuit R. 36-3