U.S. v. ROBERTS

No. 88-2963.

887 F.2d 534 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Delano Anthony ROBERTS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 19, 1989.


Attorney(s) appearing for the Case

Thomas Berg, Asst. Federal Public Defender, Roland E. Dahlin, II, Federal Public Defender, Houston, Tex., for defendant-appellant.

Frances H. Stacy, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Paula C. Offenhauser and Terry Clark, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before KING, JOLLY and DUHE, Circuit Judges.


DUHÉ, Circuit Judge.

Delano Anthony Roberts appeals his conviction for possessing and importing more than five kilograms of cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841, 952, 960, and 18 U.S.C. § 2. Pursuant to 18 U.S.C. § 3013, the trial court imposed a special assessment of $100.00. He claims that this assessment is improper on the ground that 18 U.S.C. § 3013 violates the Origination Clause of the United States...

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