U.S. v. DETWILER

No. CR 03-372-PA.

338 F.Supp.2d 1166 (2004)

UNITED STATES of America, v. Richard DETWILER, Defendant.

United States District Court, D. Oregon.

October 5, 2004.


Attorney(s) appearing for the Case

Karin Immergut, United States Attorney, Gregory Nyhus, Assistant United States Attorney, Portland, OR, for the United States.

Ellen C. Pitcher, Thomas J. Hester, Federal Public Defender's Office, Portland, OR, for Defendant Richard Detwiler.


OPINION AND ORDER

PANNER, District Judge.

Pending before the court is Defendant's motion to declare the Feeney Amendment unconstitutional and to impose sentence under the pre-Feeney version of the federal Sentencing Guidelines. That motion is granted in part. I hold that:

1. The federal Sentencing Guidelines system, in its present form, is unconstitutional because it violates the separation of powers doctrine.

2. The defects are not severable...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases