United States v. Simpson

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 pleaded guilty to thefts from the mails occurring prior to November 1,1987. They received prison sentences and $50 assessments under 18 U.S.C. § 3013. Defendants later…