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  5. 885 F.2d 36 (1989)
 

U.S. v. SIMPSON

Nos. 89-3289, 89-3290, 89-3180, 89-3181.

885 F.2d 36 (1989)

UNITED STATES of America, Petitioner, v. Charles Leroy SIMPSON, Actual Respondent, The Honorable William L. Standish, Nominal Respondent. UNITED STATES of America, Petitioner, v. Stephanie HAMILTON, Actual Respondent, The Honorable William L. Standish, Nominal Respondent. UNITED STATES of America, Appellant, v. SIMPSON, Charles Leroy. The UNITED STATES v. Stephanie HAMILTON, Mark A. Lyle, United States of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 5, 1989.

Attorney(s) appearing for the Case

Charles D. Sheehy, Acting U.S. Atty., Constance M. Bowden (argued), Asst. U.S. Atty., Pittsburgh, Pa., for appellant/petitioner.

George E. Schumacher, Federal Public Defender, David G. Rothey, Asst. Federal Public Defender, Pittsburgh, Pa., for appellee/respondent Hamilton.

Joel B. Johnston (argued), Asst. Federal Public Defender, Pittsburgh, Pa., for appellee/respondent Simpson.

Before STAPLETON, SCIRICA, and WEIS, Circuit Judges

OPINION OF THE COURT

STAPLETON, Circuit Judge:

I.

This is an appeal from an order granting defendants' motions under Rule 35(a), Fed.R.Crim.P., to set aside special assessments imposed pursuant to the Victims of Crime Act of 1984, 18 U.S.C. § 3013. Alternatively, the government has petitioned for a writ of mandamus ordering the district court judge to reinstate defendants' special assessments.

In November, 1988, defendants-appellees...

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