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U.S. v. COSTELON

Crim. A. No. 88-CR-69.

694 F.Supp. 786 (1988)

UNITED STATES of America, Plaintiff, v. Frank COSTELON, Defendant.

United States District Court, District of Colorado.

August 1, 1988.

Attorney(s) appearing for the Case

Michael J. Norton, U.S. Atty., Michael P. Carey, Asst. U.S. Atty. (Bruce F. Black, Asst. U.S. Atty., Denver, Colo., on brief), for plaintiff.

M. Kathryn Bradley, Denver, Colo., for defendant.

John R. Steer and Donald A. Purdy, Jr., U.S. Sentencing Com'n, Washington, D.C., for the Sentencing Com'n, amicus curiae.

MEMORANDUM OPINION AND ORDER

SHERMAN G. FINESILVER, Chief Judge.

THIS MATTER comes before the court on defendant's motion to declare the Sentencing Reform Act of 1984 constitutionally invalid. On May 26, 1988, defendant pled guilty to Count I of the indictment, charging a violation of 21 U.S.C. § 841. The indictment specifies that on February 18, 1988, defendant knowingly and intentionally possessed, with the intent to distribute, more than one hundred...

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