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U.S. v. BOLDING

No. 88-5820.

876 F.2d 21 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Ellis Edwin BOLDING, Defendant-Appellee, United States Sentencing Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 2, 1989.

Attorney(s) appearing for the Case

Gregory Charles Sisk (Douglas Letter, Appellate Staff Civ. Div., Dept. of Justice, Washington, D.C., Breckinridge L. Willcox, U.S. Atty., Roann Nichols, Asst. U.S. Atty., Baltimore, Md., John R. Bolton, Asst. Atty. Gen., Washington, D.C., on brief), for plaintiff-appellant.

Fred Warren Bennett, Federal Public Defender (Stephen J. Cribari, Deputy Federal Defender, M. Brooke Murdock, Beth M. Farber, Asst. Federal Public Defenders, Baltimore, Md., on brief), for defendant-appellee.

(John R. Steer, Gen. Counsel, U.S. Sentencing Com'n, Paul M. Bator, Andrew L. Frey, Kenneth S. Geller, Stephen G. Gilles, Mayer, Brown & Platt, Chicago, Ill., on brief), for amicus curiae U.S. Sentencing Com'n.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

K.K. HALL, Circuit Judge:

The United States government appeals from an order sentencing Ellis Edwin Bolding to two years for his conviction for escaping from federal custody, in violation of 18 U.S.C. §§ 751(a) and 2. The district court concluded that the Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq. [the Act] was unconstitutional and, therefore, sentenced Bolding without regard to the Sentencing Guidelines promulgated pursuant to the Act...

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