U.S. v. DIBIASE

Crim. No. N-88-4(JAC).

687 F.Supp. 38 (1988)

UNITED STATES of America v. George DIBIASE.

United States District Court, D. Connecticut.

May 6, 1988.


Attorney(s) appearing for the Case

Raymond B. Ludwiszewski, Associate Deputy Atty. Gen., U.S. Dept. of Justice, Washington, D.C., for plaintiff.

Darcy McGraw, Wiggin & Dana, New Haven, Conn., for defendant.

Ronald Weich, John R. Steer and David E. Anderson, Office of the Gen. Counsel, U.S. Sentencing Com'n, Washington, D.C., for U.S. Sentencing Com'n, amicus curiae.


RULING ON MOTION FOR ORDER DECLARING THE FEDERAL SENTENCING GUIDELINES UNCONSTITUTIONAL

JOSÉ A. CABRANES, District Judge:

Defendant George DiBiase has moved for an order declaring the Sentencing Guidelines ("Guidelines") promulgated by the United States Sentencing Commission (the "Commission") invalid on the grounds that the Sentencing Reform Act of 1984, 28 U.S.C. §§ 991-98 (1987) (the "Act"), violates the constitutional doctrines of separation...

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