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MISTRETTA v. UNITED STATES

No. 87-7028.

488 U.S. 361 (1989)

109 S.Ct. 647

102 L.Ed.2d 714

MISTRETTA v. UNITED STATES

Supreme Court of United States.

Decided January 18, 1989

Attorney(s) appearing for the Case

Alan B. Morrison argued the cause for petitioner in No. 87-7028 and respondent in No. 87-1904. With him on the briefs were Patti A. Goldman, Raymond C. Conrad, Jr., and Christopher C. Harlan.

Solicitor General Fried argued the cause for the United States in both cases. With him on the brief were Assistant Attorney General Bolton, Deputy Solicitor General Bryson, Paul J. Larkin, Jr., Douglas Letter, Gregory C. Sisk, and John F. De Pue.

Paul M. Bator argued the cause for the United States Sentencing Commission as amicus curiae urging affirmance. With him on the brief were Andrew L. Frey, Kenneth S. Geller, and John R. Steer.†

JUSTICE BLACKMUN delivered the opinion of the Court.

In this litigation, we granted certiorari before judgment in the United States Court of Appeals for the Eighth Circuit in order to consider the constitutionality of the Sentencing Guidelines promulgated by the United States Sentencing Commission. The Commission is a body created under the Sentencing Reform Act of 1984 (Act), as amended, 18 U. S. C. § 3551 et seq. (1982 ed., Supp. IV), and 28 U. S. C...

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