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U.S. v. KERR

Crim. No. 87-255.

686 F.Supp. 1174 (1988)

UNITED STATES of America v. Randolph KERR, Russell Keith Larew, Chester William Coates.

United States District Court, W.D. Pennsylvania.

June 3, 1988.

Attorney(s) appearing for the Case

Paul Hull, Asst. U.S. Atty., Pittsburgh, Pa., for U.S.

Michael L. Rosenfield, Pittsburgh, Pa., for Randolph Kerr.

Stephen F. Capone, Pittsburgh, Pa., for Russell Keith Larew.

OPINION

DIAMOND, District Judge.

Randolph Kerr and Russell Larew challenge the constitutionality of the Criminal Livelihood provision, § 4B1.3, of the Sentencing Guidelines. This provision mandates an offense level of no less than 13 and forbids probation for a defendant who "committed an offense as part of a pattern of criminal conduct from which he derived a substantial portion of his income." Defendants assert, first, that this provision discriminates...

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