United States Fourth Circuit

Remittance of defendants' restitution and one defendant's special assessment is reversed where the district court lacked the authority to remit restitution under the Mandatory Victim Restitution Act, and the court erred as, since 18 U.S.C. section 3013 requires a court to impose a special assessment for every conviction, the court lacked authority to remit sua sponte.

Appellate Information

• Argued 12/02/2005
• Decided 09/07/2006
• Published 09/07/2006

Judges

• Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jennifer Ann Youngs, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellant.  Thomas A. Will, Jr., Gastonia, North Carolina;  David William Hands, Charlotte, North Carolina, for Appellees.   ON BRIEF:  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellant.