United States v. Maria Yanibe Montilla

907 F.2d 115

UNITED STATES of America, Plaintiff-Appellee,
v.
Maria Yanibe MONTILLA, Defendant-Appellant.

No. 88-5177.

United States Court of Appeals,
Ninth Circuit.

July 12, 1990.

Before WALLACE, FARRIS and BEEZER, Circuit Judges.

ORDER

1

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

2

The district court ordered Montilla to pay a mandatory special assessment of $50 pursuant to 18 U.S.C. Sec. 3013(a)(2)(A) (1984). This assessment was proper. Munoz-Flores, --- U.S. ----, 110 S.Ct. 1964, 109 L.Ed.2d 384 (1990).

3

The mandate shall issue forthwith.

4

AFFIRMED.