U.S. v. DAVIS

No. CR 88-36(a) JSL.

715 F.Supp. 1473 (1989)

UNITED STATES of America, Plaintiff, v. Greg DAVIS, et al., Defendants.

United States District Court, C.D. California.

June 30, 1989.


Attorney(s) appearing for the Case

Greg Davis and David Chesnoff, Las Vegas, Nev., Alfredo Chavaria-Castaneda and Jeffrey Pope, West Covina, Cal., Robert Acevedes-Ramirez and Jerry Scotti, Beverly Hills, Cal., and Moises Negron, Jr. and Byron C. Thompson, Oakland, Cal., for defendants.

Tom Umberg, Asst. U.S. Atty., Santa Ana, Cal., for plaintiff.


OPINION AND ORDER

LETTS, District Judge.

The issue presented by this case is whether the Sentencing Guidelines, 18 U.S. C.A. §§ 3551-3742 (West 1985 & Supp. 1989) and 28 U.S.C.A. §§ 991-998 (West Supp.1989) (the "Guidelines"), can be applied without violating the Due Process Clause of the Fifth Amendment. This court holds that they cannot.

FACTS

On October 25, 1988, a federal jury found defendant Greg Davis and three...

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