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U.S. v. HUERTA

No. 1015, Docket 88-1362.

878 F.2d 89 (1989)

UNITED STATES of America, Appellee, v. Robert HUERTA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 28, 1989.

Attorney(s) appearing for the Case

Helen Coady, Legal Aid Soc. Federal Defender Services Unit, New York City, for defendant-appellant.

Beryl A. Howell, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty. for E.D.N.Y., and David C. James, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for appellee.

Before NEWMAN, CARDAMONE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This appeal involves the constitutionality of 18 U.S.C. § 3553(e) (West Supp.1988), which states that "upon motion of the government" a defendant may be eligible for a sentence below the statutory minimum for providing substantial assistance to the government. Appellant Huerta contends that the provision violates the separation of powers and the due process guarantee. We disagree and affirm.

BACKGROUND

Huerta was arrested...

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