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U.S. v. WHITFIELD

No. Cr. 3-88-7.

689 F.Supp. 954 (1988)

UNITED STATES of America, Plaintiff, v. James Edward WHITFIELD, Defendant.

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

July 27, 1988.

Attorney(s) appearing for the Case

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

George H. Smith, Minneapolis, Minn., for defendant.

ORDER UPHOLDING CONSTITUTIONALITY OF NEW SENTENCING GUIDELINES

DEVITT, District Judge.

The basic question presented by this case, and by some 400 others across the nation, is whether the Congress may empower a commission, consisting in part of federal judges who are appointed and removable by the President, to establish binding and determinate sentencing standards for criminal cases.

The court believes the answer is yes, and that the Sentencing Reform...

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