United States v. Bailey , 75 F. App'x 258 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 12, 2003
Charles R. Fulbruge III
Clerk
No. 03-30293
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODERICK D. BAILEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-CR-20143-ALL
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Before GARWOOD, DEMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Roderick Bailey appeals the order of restitution and the
special assessment imposed following his guilty plea to one
misdemeanor count of filing a false statement to obtain federal
employee’s compensation benefits in violation of 18 U.S.C.
§ 1920. He asserts that the district court erred in imposing
restitution in a lump-sum amount reflecting the total amount of
compensation benefits received by Bailey when the bill of
information charged only that on or about August 2, 1998, he
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 03-30293
-2-
filed a false claim for which he received compensation benefits
of less than $1000. He also contends that the district court
plainly erred in imposing a special assessment greater than the
$25 mandated by statute for class A misdemeanor convictions.
The Government concedes error in the amount of restitution.
See Hughey v. United States, 495 U.S. 411, 421 (1990); United
States v. Hughey, 147 F.3d 423, 437-38 (5th Cir. 1998). The
Government concedes plain error in the amount of the special
assessment. See 18 U.S.C. § 3013(a)(1)(A)(iii); United States v.
Olano, 507 U.S. 725, 731-37 (1993).
Because the sentence must be vacated and remanded for
further proceedings on the amount of the restitution and for
imposition of the correct special assessment, it is unnecessary
to consider whether the district court erred in ordering a lump-
sum restitution payment.
VACATED AND REMANDED.