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U.S. v. ESTRADA

No. CR 5-87-22.

680 F.Supp. 1312 (1988)

UNITED STATES of America, Plaintiff, v. Jesus ESTRADA, a/k/a Jose Rufigo Gomez, Defendant.

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

As Corrected April 13, 1988.

Attorney(s) appearing for the Case

Richard E. Vosepka, U.S. Atty., Mpls., Minn., for U.S.

Barry Voss, Mpls., Minn., for defendant.

John R. Steer, Gen. Counsel, U.S. Sentencing Commission, Washington, D.C., for amicus curiae.

Benson B. Weintraub, Sonnett, Sale & Kuehne, P.A., Miami, Fla., and Joseph S. Friedberg, Mpls., Mn., Counsel for the National Association of Criminal Defense Lawyers, Amicus Curiae.

MEMORANDUM OPINION

HEANEY, Circuit Judge, Sitting by Designation.

Jesus Estrada moves this Court for an order precluding application of the recently promulgated Federal Sentencing Guidelines and Policy Statements (hereinafter guidelines) to his case on the ground that they are unconstitutional.

This Court finds the guidelines to be in violation of the separation of powers, both because they impermissibly grant substantial legislative power to the...

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