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U.S. v. SWAPP

No. 88-CR-006J.

695 F.Supp. 1140 (1988)

UNITED STATES of America, Plaintiff, v. Addam W. SWAPP, Vickie L. Singer, Jonathan R. Swapp, John Timothy Singer, Defendants.

United States District Court, D. Utah C.D.

July 18, 1988.

Attorney(s) appearing for the Case

Brent D. Ward, U.S. Atty., Salt Lake City, Utah, for plaintiff.

Grant W.P. Morrison, Salt Lake City, Utah, for defendant Addam W. Swapp.

Kathryn Collard, Salt Lake City, Utah, for defendant Vickie L. Singer.

J. Bruce Savage, Jr., Park City, Utah, for defendant Jonathan R. Swapp.

G. Fred Metos, Salt Lake City, Utah, for defendant and movant John Timothy Singer.

Donald A. Purdy, Jr. (John R. Steer with him on the brief), Washington, D.C., for amicus curiae U.S. Sentencing Com'n.

Jerome H. Mooney (Benson B. Weintraub with him on the brief), Salt Lake City, Utah, for amicus curiae Nat. Ass'n of Criminal Defense Lawyers.

Before JENKINS, C.J., WINDER, GREENE and SAM, JJ., and ANDERSON, Senior District Judge.

MEMORANDUM OPINION

JENKINS, Chief Judge:

The court, sitting en banc, holds that the Sentencing Reform Act of 1984, which establishes the mechanism by which the new Sentencing Guidelines applicable in this case were promulgated, is unconstitutional because it violates the separation and allocation of governmental powers mandated by the United States Constitution, because it constitutes an unlawful delegation...

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