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U.S. v. LUONGO

No. 93-1399.

11 F.3d 7 (1993)

UNITED STATES of America, Appellee, v. Thomas LUONGO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 8, 1993.

Attorney(s) appearing for the Case

William A. Brown, Boston, MA, on brief for appellant.

A. John Pappalardo, U.S. Atty., and Duane J. Deskins, Asst. U.S. Atty., Boston, MA, on brief, for appellee.

Before BREYER, Chief Judge, SELYA and CYR, Circuit Judges.

SELYA, Circuit Judge.

This appeal requires us not only to resolve defendant's claim of multiplicitousness, but also to answer a question of first impression in this circuit concerning the special assessment mandated by 18 U.S.C. § 3013 (1988). Concluding, as we do, that the indictment is not multiplicitous and that the court below appropriately imposed the special assessment on a "per count" basis, rather than on some broader...

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