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U.S. v. ROY

Crim. No. 6-88-59.

694 F.Supp. 635 (1988)

UNITED STATES of America, Plaintiff, v. Vicki Lee ROY, Defendant.

United States District Court, D. Minnesota, Third Division.

September 13, 1988.

Attorney(s) appearing for the Case

Jerome Arnold, U.S. Atty., Lynn A. Zentner, Asst. U.S. Atty., Minneapolis, Minn., for plaintiff.

Daniel Scott, Federal Public Defender, and Scott Tilsen, Asst. Federal Public Defender, Minneapolis, Minn., for defendant.

ORDER

DEVITT, District Judge.

Defendant Roy, an Indian, charged with assault with a dangerous weapon against another Indian, under 18 U.S.C. §§ 113(c) and 1153(a), moves that Sentencing Guidelines promulgated by the United States Sentencing Commission not be applied as to her because the Commission was created in violation of the United States Constitution, principally the Separation of Powers Doctrine.

Defendant makes several arguments...

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