United States v. Schetz

CORRECTED MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

All defendants have either pleaded guilty or been convicted at trial, and now face sentencing under the Sentencing Reform Act of 1984 (“the Sentencing Act”), Pub.L. No. 98-473, 98 Stat. 1837, codified at, 28 U.S.C. § 991 et seq. The Act requires this court to sentence them under the Sentencing Guidelines promulgated by the United States Sentencing Commission, see 18 U.S. C. § 3553, unless doing so would violate the Constitution. Defendants insist that it would, and thus move this court to invalidate the guidelines and sentence…