U.S. v. BOOTEN

No. 89-30282.

914 F.2d 1352 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy BOOTEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Resubmitted August 30, 1990.

Decided September 20, 1990.


Attorney(s) appearing for the Case

Scott E. Asphaug, Asst. Federal Public Defender, and Robert Reid, Asst. Federal Public Defender, Portland, Or., for defendant-appellant.

Michael J. Brown, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

Before BROWNING, ALARCON and KOZINSKI, Circuit Judges.


ALARCON, Circuit Judge:

Timothy Booten appeals from the sentence imposed by the district court. Booten seeks reversal on the following grounds:

One. Congress did not authorize the United States Sentencing Commission to adopt guidelines that would permit a district court to consider a juvenile court adjudication as part of a defendant's criminal history in determining the appropriate sentence.

Two. The Sentencing Guidelines violate due process in equating...

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