U.S. v. ASHBURN

No. 89-3227.

884 F.2d 901 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. James Edward ASHBURN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 7, 1989.


Attorney(s) appearing for the Case

Dale Ann Goldberg (argued), Office of the U.S. Atty., Dayton, Ohio, for U.S., plaintiff-appellee.

Frederick L. Baker (argued), Westerville, Ohio, for James Edward Ashburn, defendant-appellant.

Before MERRITT and KENNEDY, Circuit Judges, and WALINSKI, Senior District Judge.


KENNEDY, Circuit Judge.

Following his conviction on firearms charges, defendant James Edward Ashburn was sentenced to a prison term and ordered to pay a special assessment of fifty dollars pursuant to 18 U.S.C. § 3013. Defendant contends that section 3013 violates the Origination Clause of the United States Constitution, as it was introduced in the Senate. Because we conclude that section 3013 is not a revenue measure, we reject defendant's constitutional challenge...

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