U.S. v. FEDERICO

No. CR 88-0085 TEH.

732 F.Supp. 1008 (1988)

UNITED STATES of America, Plaintiff, v. Dennis Bryan FEDERICO, Defendant.

United States District Court, N.D. California.

September 2, 1988.


Attorney(s) appearing for the Case

Joseph P. Russoniello, U.S. Atty., Robert D. Ward, Chief, Crim. Div., and Jeffrey W. Lawrence, Asst. U.S. Atty., San Francisco, Cal., for plaintiff.

Chris P. Andrian, Santa Rosa, Cal., for defendant.


ORDER

THELTON E. HENDERSON, District Judge.

This matter comes before the court on defendant Dennis Federico's motion to declare Fed.R.Crim.P. 35(b) and 18 U.S.C. § 3553(e) unconstitutional. After careful consideration of the parties' papers and oral arguments of counsel, we hereby grant the motion, and order sentencing procedures in accordance with this Opinion.

In June 1988, Federico plead guilty to a violation of 21 U.S.C. § 841(a)(1...

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