United States v. Restrepo

OPINION *

LOUIS H. POLLAK, District Judge.

As cases involving criminal activity subsequent to the coming into force of the guidelines have reached the stage of trial or plea, issues have been raised as to the constitutionality of the guidelines. Within this Circuit there have been discrepant responses as there have been in other Circuits.

In Delaware, Judge Schwartz, on July 8 of this year, rejected a challenge to the validity of the guidelines. United States of America v. Martin Schwartz, 692 F.Supp. 331 (D.Del.1988). Less than two weeks later, my colleague, Judge Newcomer, here in this…