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U.S. v. ARNOLD

Crim. No. 87-1279-B.

678 F.Supp. 1463 (1988)

UNITED STATES of America, Plaintiff, v. Ira Russell ARNOLD, Johnny Mike Kulow, Defendants.

United States District Court, S.D. California.

February 18, 1988.

Attorney(s) appearing for the Case

Roger W. Haines, Jr., Asst. U.S. Atty., San Diego, Cal., Douglas Letter, Civ. Div., Dept. of Justice, Washington, D.C., for plaintiff.

John R. Steer, Gen. Counsel, U.S. Sentencing Com'n, Washington, D.C., amicus curiae.

Larry N. Ainbinder, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant Kulow.

Alan Morrison, Public Citizen Litigation Group, Washington, D.C., for defendants.

ORDER GRANTING MOTION TO INVALIDATE GUIDELINES PROMULGATED BY THE UNITED STATES SENTENCING COMMISSION, AND RELATED ORDERS

BREWSTER, District Judge.

I. BACKGROUND

Defendants move the court for an order declaring the sentencing guidelines ("Guidelines") promulgated by the United States Sentencing Commission ("Commission") pursuant to the Sentencing Reform Act of 1984 ("Act"), 28 U.S.C. §§ 991-98 (1987), invalid on the grounds that the Act...

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