United States of America, Plaintiff-appellee, v. Tyrone M. Clark, Defendant-appellant, 941 F.2d 1213 (10th Cir. 1991)
Annotate this CaseBefore LOGAN, JOHN P. MOORE and BALDOCK, Circuit Judges.
ORDER AND JUDGMENT*
JOHN P. MOORE, Circuit Judge.
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.
This is an appeal following imposition of a cost of incarceration and supervision fine. Because the trial court did not impose a punitive fine, the government has confessed the fine is contrary to United States v. Labat, 915 F.2d 603 (10th Cir. 1990), and concedes the fine should be vacated.1 We agree.
The case is REMANDED WITH DIRECTIONS to vacate that part of the judgment of conviction imposing a fine in the amount of $7,309.08 "for the cost of supervision and Halfway House costs."
This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3
Judgment was imposed in this case prior to publication of Labat
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