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U.S. v. SWAPP

No. 88-CR-006J.

719 F.Supp. 1015 (1989)

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.

June 12, 1989.

Attorney(s) appearing for the Case

David Schwendiman, Richard Lamvert, Creighton Horton, Asst. U.S. Attys., Salt Lake City, Utah, for plaintiff.

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

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

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

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

MEMORANDUM OPINION

JENKINS, Chief Judge.

When sentence was first imposed in this matter, the Sentencing Guidelines had been struck down as unconstitutional by an en banc opinion of this court.1 While this issue was on appeal from this court the Supreme Court spoke in United States v. Mistretta, ___ U.S. ___, 109 S.Ct. 647, 102 L.Ed.2d 714 (1989), and upheld the Sentencing Guidelines as Constitutional. The Tenth...

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