U.S. v. DORSEY

No. 88-8442.

888 F.2d 79 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Alan Randall DORSEY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 29, 1989.


Attorney(s) appearing for the Case

Sheila Tyler, Federal Defender Program, Inc., Atlanta, Ga., for defendant-appellant. F. Gentry Shelnutt, Asst. U.S. Atty., Julie E. Carnes, Appellate Chief, Atlanta, Ga., for plaintiff-appellee.

Before RONEY, Chief Judge, FAY, Circuit Judge, and ALLEN, Senior District Judge.


RONEY, Chief Judge:

Alan Randall Dorsey pled guilty to four counts of bank robbery and one escape count occurring in three different states. The district court departed from the recommended federal guidelines sentence, found Dorsey to be a career offender, and sentenced him to 262 months in prison.

On appeal, Dorsey contends that (1) the guidelines unconstitutionally delegate congressional authority over criminal sanctions to the Sentencing Commission, (2...

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