ETHEL MAY JACKSON, PETITIONER V. UNITED STATES OF AMERICA

   No. 89-7062

   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

   Memorandum For The United States In Opposition

   Petitioner contends that 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.

   Petitioner pleaded guilty in the United States District Court for
the Southern District of Texas to five counts of fraudulent use of the
mails in connection with applications for federal student financial
aid, in violation of 18 U.S.C. 1341.  She was sentenced to concurrent
terms of 14 months' imprisonment on each count.  /1/ Because she
committed the offenses while free on bond in a related criminal
action, her sentence was enhanced with a consecutive 12-month prison
term, pursuant to 18 U.S.C. 3147.  Petitioner was also assessed $250
pursuant to the special assessment statute, 18 U.S.C. 3013.  The court
of appeals affirmed the imposition of the special assessment.  /2/
Pet. App. 14.

   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.  This Court recently rejected this
contention in United States v. Munoz-Flores, No. 88-1932 (May 21,
1990).

   It is therefore respectfully submitted that the petition for a writ
of certiorari should be denied.

   KENNETH W. STARR

      Solicitor General

   EDWARD S.G. DENNIS, JR.

      Assistant Attorney General

   PATTY MERKAMP STEMLER

      Attorney

   MAY 1990

   /1/ This sentence was ordered to run consecutively to a sentence
imposed in a related matter.  Pet. App. 10.

   /2/ The court also upheld the 12-month sentence enhancement,
rejecting petitioner's argument that 18 U.S.C. 3147 establishes an
independent federal offense for which she has not been indicted.  Pet.
App. 9-14.  Petitioner does not renew that argument here.