Nos. 88-5848, 88-5109.

857 F.2d 1245 (1988)

Jose GUBIENSIO-ORTIZ, Petitioner-Appellant, v. Al KANAHELE, Warden, Metropolitan Correctional Center, San Diego, California, Respondent-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Raul CHAVEZ-SANCHEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1988.

As Amended September 15, 1988.

Attorney(s) appearing for the Case

Alan B. Morrison, Public Citizen Litigation Group, Washington, D.C., and Judy Clarke, Federal Defenders of San Diego, Inc., San Diego, Cal., for the petitioner-appellant in No. 88-5848 and the defendant-appellee in No. 88-5109.

Douglas Letter and Gregory C. Sisk, U.S. Dept. of Justice, Washington, D.C., Roger W. Haines, Jr., Asst. U.S. Atty., San Diego, Cal., for the respondent-appellee in No. 88-5848 and the plaintiff-appellant in No. 88-5109.

Paul M. Bator, Mayer, Brown & Platt, Chicago, Ill., and John R. Steer, Gen. Counsel, U.S. Sentencing Com'n, Washington, D.C., for the U.S. Sentencing Com'n as amicus curiae.

Before WIGGINS, BRUNETTI and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge.

We consider the constitutionality of the Sentencing Reform Act of 1984 (SRA), Pub.L. No. 98-473, tit. II, ch. II, 98 Stat. 1987 (codified as amended at 18 U.S.C. §§ 3551-3742 and 28 U.S.C. §§ 991-998).


A. In 1984, Congress consummated a decade-long effort to revolutionize federal sentencing law by creating the United States Sentencing Commission as "an independent commission in the judicial branch...

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