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U.S. v. KING

No. 87-5517.

824 F.2d 313 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth KING, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 29, 1987.

Attorney(s) appearing for the Case

Hollis Raphael Weisman, Asst. U.S. Atty. (Breckinridge L. Willcox, U.S. Atty. on brief), for plaintiff-appellant.

Stephen J. Cribari, Deputy Federal Public Defender (Fred Warren Bennett, Federal Public Defender; Richard Bardos, Asst. Federal Public Defender on brief), for defendant-appellee.

Before WIDENER and PHILLIPS, Circuit Judges, RICHARD B. KELLAM, Senior United States District Judge, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

The sole question raised by this appeal is whether a federal court may impose the special assessment provided for in 18 U.S.C. § 3013 on a defendant convicted under the Assimilative Crimes Act (ACA), 18 U.S.C. § 13, of a state offense for which conviction would not subject the defendant to a similar assessment under state law. We hold that the assessment may not be imposed under those circumstances and affirm the district...

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