GUBIENSIO-ORTIZ v. KANAHELE

Nos. 88-5848, 88-5109.

871 F.2d 104 (1989)

Jose GUBIENSIO-ORTIZ, Petitioner-Appellant, v. Al KANAHELE, Warden, Metropolitan Correctional Center San Diego, California, Respondent-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Raul CHAVEZ-SANCHEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 1989.


PER CURIAM:

On August 23, 1988, we held the Sentencing Guidelines, challenged in these cases, to be unconstitutional (Wiggins, dissenting). On January 23, 1989, the Supreme Court simultaneously granted a petition for writ of certiorari and vacated the judgment, remanding to this court for further consideration in light of Mistretta v. United States, 488 U.S. ___, 109 S.Ct. 647, 102 L.Ed.2d 714 (1988). United States v. Chavez-Sanchez, ___ U.S. ___, 109...

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