Mora v. Maass

Defendant appeals from a judgment granting habeas corpus relief to plaintiffs. We granted defendant’s motion to consolidate. ORAP 2.30. Plaintiffs were all convicted of delivery of controlled substances, and their sentences were enhanced, because their crimes “occurred as part of a drug cultivation, manufacture or delivery scheme or network.” ORS 475.992; OAR 253-04-002(3) appendix 4. The habeas corpus court vacated their sentences on the ground that the “scheme or network” language in the sentencing guidelines is unconstitutionally vague. Or Const, Art I, §§ 20,21; State v. Moeller, 105 Or…