EHRSAM v. RUBENSTEIN

No. 90-5111.

917 F.2d 764 (1990)

Kathleen EHRSAM v. Alan M. RUBENSTEIN, District Attorney of Bucks County, Pennsylvania; Ernest D. Preate, Jr., Attorney General of Pennsylvania. Appeal of Kathleen M. EHRSAM.

United States Court of Appeals, Third Circuit.

Decided October 23, 1990.

Rehearing and Rehearing Denied November 29, 1990.


Attorney(s) appearing for the Case

Peter T. Campana, Angela C. Lovecchio, Marc F. Lovecchio (argued), Campana & Campana, Williamsport, Pa., for appellant.

Alan M. Rubenstein, Dist. Atty., Stephen B. Harris, Chief of Appeals, Louis R. Busico, C. Theodore Fritsch, Jr. (argued), Asst. Dist. Attys., Doylestown, Pa., for appellee Alan M. Rubenstein.

Ernest D. Preate, Jr., Atty. Gen., Anthony Sarcione, Executive Deputy Atty. Gen., Director, Crim. Law Div., Robert A. Graci, Chief Deputy Atty. Gen., Mary Benefield Seiverling (argued), Deputy Atty. Gen., Appeals and Legal Services Section, Harrisburg, Pa., for appellee Ernest D. Preate, Jr.

Thomas R. Quinn, Pennsylvania Ass'n of Crim. Defense Lawyers, David M. McGlaughlin, Chairman, amicus curiae committee, Pennsylvania Ass'n of Crim. Defense Lawyers, Philadelphia, Pa., for amicus curiae.

Before STAPLETON, COWEN and WEIS, Circuit Judges.


Rehearing and Rehearing In Banc Denied November 29, 1990.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Appellant Kathleen Ehrsam asserts that the Pennsylvania Mandatory Minimum Sentencing Act ("the Act"), under which she was sentenced, violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The district court dismissed Ehrsam's petition for a writ of habeas corpus, and she appeals. We have jurisdiction pursuant...

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