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U.S. v. FEEKES

Nos. 88-2552, 88-2631, 88-2676.

879 F.2d 1562 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph FEEKES, Baltazar Lopez, and Juan Lopez, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1989.

Rehearing Denied August 9, 1989.

Attorney(s) appearing for the Case

John W. Vaudreuil, Asst. U.S. Atty., Office of the U.S. Atty., Madison, Wis., for U.S.

Donald J. Murphy, Madison, Wis., for Feekes.

Robert S. Bailey, Chicago, Ill., for Baltazar Lopez.

Timothy Roberts, Madison, Wis., for Juan Lopez.

Before CUMMINGS, POSNER and KANNE, Circuit Judges.

CUMMINGS, Circuit Judge.

A jury convicted federal prison inmates Joseph Feekes and Baltazar Lopez, along with Lopez's son Juan, of conspiring to smuggle heroin into the prison and other related crimes. The district judge, believing the new federal sentencing guidelines to be unconstitutional, imposed sentences on the defendants ranging from seven years for Juan Lopez to 54 years for Baltazar Lopez, but also stated that if he were wrong about the unconstitutionality...

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