ROLAND P. HERRADA, PETITIONER V. UNITED STATES OF AMERICA

   No. 89-6282

   In The Supreme Court Of The United States

   October Term, 1989

   On Petition For A Writ Of Certiorari To The United States Court Of
Appeals For The Fifth Circuit

   Brief For The United States

                             OPINION BELOW

   The opinion of the court of appeals (Pet. App. A) is reported at
887 F.2d 524.

                             JURISDICTION

   The judgment of the court of appeals was entered on October 18,
1989.  The petition for a writ of certiorari was filed on December 15,
1989.  The jurisdiction of this Court is invoked under 28 U.S.C.
1254(1).

                          QUESTION PRESENTED

   Whether 18 U.S.C. 3013, which directs sentencing courts to impose
monetary assessments on all defendants convicted of federal offenses,
was enacted in violation of the Origination Clause of the
Constitution, Art. I, Section 7, Cl. 1.

                               STATEMENT

   Following a jury-waived trial in the United States District Court
for the Southern District of Texas, petitioner was convicted on two
counts of unlawful possession of a firearm by a convicted felon, in
violation of 18 U.S.C. App. II 1202(a)(1) (1982 & Supp. II 1984).  He
was sentenced to two years' imprisonment on one count;  imposition of
sentence on the second count was suspended in favor of five years'
probation.  He was also assessed $100 pursuant to 18 U.S.C. 3013.  The
district court thereafter denied petitioner's motion to vacate the
special assessment pursuant to former Fed. R. Crim. P. 35(a).

   The court of appeals affirmed the district court's order denying
the motion to vacate the special assessment, holding that Section 3013
is not a "revenue raising" bill within the meaning of the Origination
Clause.  Pet. App. A.  The court explained that "the special
assessment imposed by 18 U.S.C. Section 3013 does not levy taxes in
the strict sense of the word." Pet. App. A16.  Instead, the moneys
generated by the statute are used to provide financial assistance to
victims of crime.  Ibid.  Although the bill may incidentally create
revenue, the court held that that was not sufficient to render it a
revenue raising bill that must originate in the House of
Representatives.  Ibid.

                               ARGUMENT

   Petitioner contends that the special assessment statute, 18 U.S.C.
3013, is a bill for raising revenue that originated in the Senate, in
violation of the Origination Clause of the United States Constitution,
Art. 1, Section 7, Cl. 1.  Although we believe that the court of
appeals correctly rejected petitioner's claim, we acknowledge that
this case raises precisely the same issue that is now before the Court
in United States v. Munoz-Flores, cert. granted, No. 88-1932 (Oct. 2,
1989).  Accordingly, the Court should hold the petition in this case
pending the decision in Munoz-Flores.

                              CONCLUSION

   The petition for a writ of certiorari should be held pending the
Court's decision in United States v. Munoz-Flores, cert. granted, No.
88-1932 (Oct. 2, 1989), and then disposed of as appropriate in light
of the Court's decision in that case.

   Respectfully submitted.

   KENNETH W. STARR

      Solicitor General

   EDWARD S.G. DENNIS, JR.

      Assistant Attorney General

   PATTY MERKAMP STEMLER

      Attorney

   FEBRUARY 1990