United States v. Maria Delia Estrada De Castillo

HUFSTEDLER, Circuit Judge,

concurring specially (Joined by Judge Ely):

Although I concur with Judge Smith’s Opinion, I concur in that part of the Opinion dealing with committed fines solely under the compulsion of United States v. Dixon (9th Cir. 1976) 538 F.2d 812.

I believe that Dixon is wrong in denying standing to attack the constitutionality of a committed fine imposed on an indigent defendant until he or she has begun or is about to begin service of imprisonment for nonpayment of a committed fine. On the merits, I would hold that the imposition of a committed fine on Mrs. Castillo, an…