U.S. v. STURGIS

No. 1367, Docket 88-1131.

869 F.2d 54 (1989)

UNITED STATES of America, Appellee, v. Tyrone STURGIS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 15, 1989.


Attorney(s) appearing for the Case

Jonathan W. Feldman, Rochester, N.Y. (Geraci & Feldman, Rochester, N.Y., of counsel), for defendant-appellant.

Bradley Tyler, Asst. U.S. Atty., Rochester, N.Y. (Dennis C. Vacco, U.S. Atty. W.D.N.Y., Rosemary G. Roberts, Asst. U.S. Atty., of counsel), for appellee.

Before ALTIMARI and MAHONEY, Circuit Judges, and KORMAN, District Judge.


ALTIMARI, Circuit Judge:

This appeal involves defendant-appellant's post-guilty plea motion challenging the constitutionality of the Sentencing Reform Act of 1984, as amended, 18 U.S.C. § 3551 et seq. and 28 U.S.C. §§ 991-98 (the "Act"), as well as the sentence imposed under the Act by Judge Larimer of United States District Court for the Western District of New York which constituted an upward departure from the applicable "Criminal History...

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