U.S. v. ALAFRIZ

Nos. S 88 Cr. 0002 (RWS), 88 Cr. 200 (RWS) and 88 Cr. 100 (RWS).

690 F.Supp. 1303 (1988)

UNITED STATES of America, v. Arturo ALAFRIZ, Defendant. UNITED STATES of America, v. Rafael PEREZ and Juan Henriquez Mercado, Defendants. UNITED STATES of America, v. Levoster CHANDLER, Defendant.

United States District Court, S.D. New York.

July 6, 1988.


Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City (Reid M. Figel, Peter B. Sobol, Frances M. Fragos, Asst. U.S. Attys., of counsel), for U.S.

Ronald Carmon, New York City, for defendant Alafriz.

The Legal Aid Society, New York City (Abraham L. Clott, Paul Davison, of counsel), for defendant Perez.

Roger J. Schwarz, New York City, for defendant Mercado.

The Legal Aid Society, New York City (Ruth Chamberlain, of counsel), for defendant Chandler.


OPINION

SWEET, District Judge.

In three separate cases before this court, criminal defendants, subject to sentencing under the Sentencing Guidelines (the "Guidelines") recently promulgated by the United States Sentencing Commission (the "Commission"), have challenged the Guidelines' constitutionality. Defendant Arturo Alafriz ("Alafriz") pleaded guilty to the crimes of which he is accused,1 and co-defendants Juan Mercado ("Mercado...

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