U.S. v. OSBURN

Crim. No. 2:90-CR-13-WCO.

756 F.Supp. 571 (1991)

UNITED STATES of America v. George Nye OSBURN and Robert Allott Osburn.

United States District Court, N.D. Georgia, Gainesville Division.

February 13, 1991.


Attorney(s) appearing for the Case

Carolyn J. Adams, Asst. U.S. Atty., Atlanta, Ga., for U.S.

C. Michael Abbott, Atlanta, Ga., for George Osburn.

Joseph Homans, Gainesville, Ga., for Robert Osburn.


ORDER

O'KELLEY, Chief Judge.

Presently before the court is the defendants' due process claim and motion to declare the penalty phase of the statute and related sentencing guidelines unconstitutional.

FACTUAL BACKGROUND

The defendants have been charged with conspiracy to manufacture marijuana in violation of 21 U.S.C. sec. 846 and 841. The defendants allege that the statutory penalty scheme under which they are charged, and the sentencing...

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