U.S. v. WILLIAMS

Nos. 3-88-00014, 3-88-00036, 3-88-00003, 3-88-00038, 3-87-00169 and 3-87-00160.

691 F.Supp. 36 (1988)

UNITED STATES of America v. Tremell W. WILLIAMS. UNITED STATES of America v. Shelby COOMES. UNITED STATES of America v. Christopher GWIN and Paul Gwin. UNITED STATES of America v. Brian K. THOMPSON. UNITED STATES of America v. Edwina Gail MANNING, James Edward Bright and Gerald Tharpe. UNITED STATES of America v. Christopher Dale CLAY.

United States District Court, M.D. Tennessee, Nashville Division.

June 23, 1988.


Attorney(s) appearing for the Case

Joe B. Brown, U.S. Atty., Gregory C. Sisk, Dept. of Justice, Washington, D.C., William T. Warren, William M. Cohen, Peter J. Strianse and Jimmie Lynn Ramsaur, Asst. U.S. Attys., for U.S.

William P. Redick, Jr., Don Dawson, Mariah Wooten, Asst. Federal Public Defenders, E.E. Edwards, III, Thomas W. Watson, William B. Bruce, Nashville, Tenn., for defendants.

John R. Steer, Gen. Counsel, U.S. Sentencing Com'n, Washington, D.C., amicus curiae for Government.

Alan C. Morrison, Washington, D.C., pro hac vice on behalf of defendants.

Before WISEMAN, Chief Judge, and NIXON and HIGGINS, District Judges.


MEMORANDUM

Defendants in the above-captioned cases have moved for an order declaring invalid and unenforceable the United States Sentencing Guidelines ("Sentencing Guidelines" or "Guidelines") promulgated by the United States Sentencing Commission ("Sentencing Commission" or "Commission") on the grounds that they are unconstitutional and contravene Congress' statutory intent. We, the United States District Court Judges for the Middle District of Tennessee, sitting...

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