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U.S. v. BRADY

Nos. 89-50079, 89-50128.

895 F.2d 538 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Michael James BRADY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Andre Michelle LOWE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 30, 1990.

Attorney(s) appearing for the Case

Carlton F. Gunn and Alan T. Launspach, Deputy Federal Public Defenders, Los Angeles, Cal., for defendants-appellants.

Jeffrey C. Eglash, Asst. U.S. Atty., Los Angeles, Cal., and Andrew Levchuk, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before BROWNING, BOOCHEVER and REINHARDT, Circuit Judges.

BOOCHEVER, Circuit Judge:

These two cases raise the issue of whether the Sentencing Guidelines, facially or as applied, violate the defendants' fifth amendment right to substantive and procedural due process by limiting the sentencing discretion of district courts and infringing defendants' rights to individualized sentences. We agree with the ten circuits which have previously decided this issue and find that the Guidelines do not violate due process on these grounds...

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