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U.S. v. BRICK

No. 89-2283.

905 F.2d 1092 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. John J. BRICK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 26, 1990.

Attorney(s) appearing for the Case

John W. Vaudreuil, Asst. U.S. Atty., Madison, Wis., for plaintiff-appellee.

John J. Brick, pro se.

David L. Mandell, Deborah Stahl, Madison, Wis., for defendant-appellant.

Before CUDAHY and COFFEY, Circuit Judges, and SHARP, District Judge.

ALLEN SHARP, District Judge.

John J. Brick was convicted by a jury of three counts of violating 21 U.S.C. § 841(a)(1), and 18 U.S.C. § 2. The offenses occurred after the effective date of the United States Sentencing Commission Guidelines ("Guidelines"). The district court granted Brick's motion declaring the Guidelines unconstitutional and sentenced him under pre-Guidelines law. Thereafter, the United States Supreme Court held the Guidelines constitutional...

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