U.S. v. JOHNSON

Nos. 87-00276-01/03-CR-W-6, 87-00278-01/02-CR-W-6 and 87-00279-01-CR-W-6.

682 F.Supp. 1033 (1988)

UNITED STATES of America, Plaintiff, v. Lloyd JOHNSON, Leon Willis and Roy Hutton, Defendants. UNITED STATES of America, Plaintiff, v. John M. MISTRETTA and Nancy L. Ruxlow, Defendants. UNITED STATES of America, Plaintiff, v. Charles ROBINSON, Defendant.

United States District Court, Missouri, W.D.

Dissenting Opinion April 5, 1988.


Attorney(s) appearing for the Case

K. Preston Dean, Thomas H. Newton, Asst. U.S. Attys., Kansas City, Mo., for U.S.

James E. Brown, Asst. Federal Public Defender, Kansas City, Mo., for Lloyd Johnson.

Allen Kent Brown, Kansas City, Mo., for Roy Hutton.

Bruce Campbell, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., for Leon Willis.

Chris Harlan, Asst. Federal Public Defender, Kansas City, Mo., for John M. Mistretta.

Judith S. Barber, Shook, Hardy & Bacon, Kansas City, Mo., for Nancy L. Ruxlow.

Foster C. Collins and J. Earlene Farr, Dietrich, Davis, Dicus, Rowlands, Schmitt & Gorman, Kansas City, Mo., for Robinson.


MEMORANDUM AND ORDER

SACHS, District Judge.

The defendants in these cases are awaiting sentencing under the new Sentencing Guidelines. They challenge the constitutional status of the Sentencing Commission that produced the Guidelines. Briefs have been filed and arguments heard by seven judges of this district who are responsible for the processing of criminal cases.

It is my conclusion, and I am authorized to say it is the view of three other judges...

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