United States v. Kenneth King

JAMES DICKSON PHILLIPS, Circuit Judge:

The sole question raised by this appeal is whether a federal court may impose the special assessment provided for in 18 U.S.C. § 3013 on a defendant convicted under the Assimilative Crimes Act (ACA), 18 U.S.C. § 13, of a state offense for which conviction would not subject the defendant to a similar assessment under state law. We hold that the assessment may not be imposed under those circumstances and affirm the district court’s decision to that effect.

I

King was convicted under the ACA for violation of Md.Transp.Code Ann. § 21-902(b) by driving in Fort…