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U.S. v. CORTES

No. 88 Cr. 159 (SWK).

697 F.Supp. 1305 (1988)

UNITED STATES of America v. Dezerrie CORTES, Defendant.

United States District Court, S.D. New York.

October 7, 1988.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty. for S.D. N.Y., New York City by Cathy Seibel, Asst. U.S. Atty., for the Government.

The Legal Aid Society, Federal Defender Services Unit, New York City by Ruth M. Chamberlin, for defendant.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Defendant Dezerrie Cortes challenges the Sentencing Guidelines ("the Guidelines") promulgated by the United States Sentencing Commission ("the Commission") as violative of the United States Constitution ("the Constitution") and the Sentencing Reform Act ("the Act"). Cortes has been charged with the distribution of, and possession with intent to distribute, cocaine in the form commonly known as "crack" in...

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