United States v. Stanley Ray Carey

On November 22, 1988, appellant pled guilty, pursuant to a plea agreement, to an information charging him with violating 18 U.S.C. § 2113(a) (1982 & Supp. V 1987) in robbing a savings bank on September 8, 1988. The plea agreement provided that appellant would be sentenced under guidelines promulgated by the United States Sentencing Commission. The district court, however, believed that the act establishing the Sentencing Commission, see Sentencing Reform Act of 1984, Pub.L. No. 98-473, § 211, 98 Stat. 1987, was unconstitutional. In accepting appellant’s plea, therefore, the court indicated…