United States v. Brown

MEMORANDUM

NEWCOMER, District Judge.

I have before me defendant William Waddell Brown’s various presentencing motions attacking both the applicability and the validity of the sentencing guidelines that were promulgated by the United States Sentencing Commission (Commission) pursuant to the Sentencing Reform Act of 1984, 28 U.S.C. §§ 991-998 (1987). For the reasons stated below, I find the guidelines unconstitutional.

I. Factual Background

Defendant was arrested on November 25, 1987 on charges of illegally manufacturing methamphetamine and phenyl-2-proponone in violation of 21 U.S.C. § 841(a)(1)…