U.S. v. VICTORIA

No. 88-7027 Summary Calendar.

877 F.2d 338 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Reyna VICTORIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 29, 1989.


Attorney(s) appearing for the Case

Charles Louis Roberts, Robert R. Harris, El Paso, Tex., for defendant-appellant.

LeRoy Morgan Jahn, and Philip Police, Asst. U.S. Attys., and Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before RUBIN, GARWOOD, and DAVIS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

A defendant convicted of a federal offense challenges his sentence imposed under the Federal Sentencing Guidelines. He contends that the guidelines violate the separation of powers doctrine; the legislation that resulted in the guidelines violates due process by limiting his right to present mitigating circumstances to a judicial officer; and the sentence was invalidly imposed because the district court did not expressly interrogate...

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