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U.S. v. PEREZ

No. 88 Cr. 128 (JES).

696 F.Supp. 55 (1988)

UNITED STATES of America v. Jose PEREZ, et al., Defendants.

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

October 11, 1988.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, Atty. Gen., for S.D. N.Y., New York City, for U.S.; Richard K. Williard, Asst. Atty. Gen., Robert Cynkar, Deputy Asst. Atty. Gen., Douglas Letter, Thomas Millit, Attys., U.S. Dept. of Justice, Alexandra Rebay, John F. Savarese, Asst. U.S. Attys., of counsel.

Caesar D. Cirigliano, New York City, for defendants; Abraham L. Clott, Jack Lipson, Henriette D. Hoffman, of counsel.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Defendant Jose Perez challenges the constitutionality of the Sentencing Reform Act of 1984 ("the Act") and the Sentencing Guidelines ("Guidelines") promulgated by the United States Sentencing Commission. For the reasons that follow, the Court holds that the Guidelines are unconstitutional.1

At the outset, it should be noted that the Court does not accept the government...

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