U.S. v. OLIVENCIA

No. 88 Cr. 64 (PKL).

689 F.Supp. 1319 (1988)

UNITED STATES of America v. Miguel OLIVENCIA, Defendant.

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

April 20, 1988.


Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, Richard K. Williard, Asst. Atty. Gen., Robert Cynkar, Deputy Asst. Atty. Gen., Douglas Letter, Thomas Millt, Attys., Dept. of Justice, Washington, D.C., Martin Klotz, John F. Savarese, Asst. U.S. Attys., New York City, of counsel, for U.S.

Caesar D. Cirigliano, The Legal Aid Society, Federal Defender Services Unit, Phylis Skloot Bamberger, Abraham L. Clott, Henriette D. Hoffman, David F. Silver, New York City, of counsel, for defendant.

John R. Steer, General Counsel, U.S. Sentencing Com'n, Paul M. Bator, Chicago, Ill., Andrew L. Frey, Kenneth S. Geller, Stephen G. Gilles, Mayer, Brown & Platt, Washington, D.C., of counsel, for U.S. Sentencing Com'n, amicus curiae.


OPINION AND ORDER

LEISURE, District Judge:

I. OVERVIEW

Like many other criminal defendants in federal district courts throughout the country, Miguel Olivencia challenges the constitutionality of the Sentencing Guidelines recently promulgated by the United States Sentencing Commission.1 While no Court of Appeals has yet reviewed a district court holding in this area, it...

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