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United States v. Munoz-Flores : ウィキペディア英語版 | United States v. Munoz-Flores
''United States v. Munoz-Flores'', 495 U.S. 385 (1990) was a United States Supreme Court case that interpreted the Origination Clause of the United States Constitution. The Court was asked to rule on whether a statute that imposed mandatory monetary penalties on persons convicted of federal misdemeanors was enacted in violation of that clause, as the lower court had held. ==Background== In June 1985 German Munoz-Flores was charged with and pleaded guilty to aiding the illegal entry of aliens into the United States. The two misdemeanor counts were for aiding and abetting aliens to elude examination and inspection by immigration officers.〔495 U.S. 385 at 388.〕 A provision of the federal criminal codes requires courts to impose a "special assessment" monetary penalty on any person convicted of a federal misdemeanor.〔18 U.S.C. §3013(a)(1)〕 The money accrued from these special assessments is given to the Crime Victims Fund which was established by the Victims of Crime Act of 1984.〔Crime Victims Fund, 42 U.S.C. §10601〕 The fund uses the money for programs to both compensate and assist victims of federal crimes. Munoz-Flores moved to correct his sentence arguing that the special assessments ($25 per offense in his case) were unconstitutional because they violated the Origination Clause of the constitution. The Ninth Circuit Court of Appeals held in favor of Munoz-Flores.〔United States v. Munoz-Flores, (863 F.2d 654 ) (9th Cir. 1988).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「United States v. Munoz-Flores」の詳細全文を読む
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