United States v. Scott Tyler Smith

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Scott Tyler SMITH, Defendant-Appellant. No. 95-10047. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 8, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Scott Tyler Smith, a federal prisoner, appeals the district court's order denying his "Ex Parte Motion for Order Remitting Payment of Assessment Fees in Payment of Five Dollars Quarterly" (hereinafter "ex parte motion"). Smith's appointed counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), stating that there were no arguable issues for review. Smith submitted a supplemental brief, essentially arguing that he should be allowed to pay the special assessment in increments of $5.00 per quarter rather than $25.00 per quarter as required by the prison because of his inability to meet the requirement. We vacate and remand with…