UNITED STATES v. STEWART

No. 75-1879.

531 F.2d 326 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. James Howard STEWART, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 6, 1976.

Certiorari Denied June 7, 1976.


Attorney(s) appearing for the Case

Eugene E. Siler, Jr., U.S. Atty., Lexington, Ky., Victor D. Stone, Atty., Crim. Div., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

William Gary Crabtree, London, Ky. (Court-appointed CJA), for defendant-appellee.

Before PHILLIPS, Chief Judge, and MILLER and ENGEL, Circuit Judges.


Certiorari Denied June 7, 1976. See 96 S.Ct. 2629.

PHILLIPS, Chief Judge.

The question presented on this appeal is whether the statutory provisions for an increased sentence for dangerous special offenders, 18 U.S.C. § 3575(b) and (f), a part of Title X of the Organized Crime Control Act of 1970, 84 Stat. 922, 948-52, is unconstitutionally vague.

The District Court ruled that the statute is unconstitutional...

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