U.S. v. McDONOUGH

No. Cr. 4-88-137(1).

706 F.Supp. 692 (1989)

UNITED STATES of America, Plaintiff, v. Michael S. McDONOUGH, Defendant.

United States District Court, D. Minnesota, Fourth Division.

February 23, 1989.


Attorney(s) appearing for the Case

Douglas R. Peterson, Asst. U.S. Atty., Minneapolis, Minn., for plaintiff.

Scott F. Tilsen, Minneapolis, Minn., for defendant.


ORDER

DIANA E. MURPHY, District Judge.

Defendant Michael S. McDonough entered a guilty plea on January 30, 1989. McDonough has moved this court to declare the special assessment statute, 18 U.S.C. § 3013, unconstitutional.

Section 3013 imposes a charge of $25 to $200 on persons convicted of a federal offense. McDonough asserts that this statute is a revenue raising provision which was enacted in violation of the origination clause, U.S. Const...

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