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U.S. v. EASTLAND

No. 87 CR 948.

694 F.Supp. 512 (1988)

UNITED STATES of America, Plaintiff, v. Joseph Patrick EASTLAND, Defendant.

United States District Court, N.D. Illinois, E.D.

September 8, 1988.

Attorney(s) appearing for the Case

Lisa Huestis, Barry Eldon, Asst. U.S. Attys., Chicago, Ill., for plaintiff.

Carol A. Brook, Lauren Weil, Federal Defender Program, Chicago, Ill., Terence F. MacCarthy, Executive Director, for defendant.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Currently before the Court is Joseph Patrick Eastland's motion to declare the new Sentencing Guidelines unconstitutional. For the reasons set forth below, we conclude that the Sentencing Guidelines are invalid under the non-delegation theory or, alternatively, as an excessive delegation.*

As of July 20, 1988, 141 opinions or orders had been issued by various district...

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