United States v. Tyrone Sturgis

ALTIMARI, Circuit Judge:

This appeal involves defendant-appellant’s post-guilty plea motion challenging the constitutionality of the Sentencing Reform Act of 1984, as amended, 18 U.S.C. § 3551 et seq. and 28 U.S.C. §§ 991-98 (the “Act”), as well as the sentence imposed under the Act by Judge Larimer of United States District Court for the Western District of New York which constituted an upward departure from the applicable “Criminal History Category” of the new Sentencing Guidelines. Although we agree with appellant that the district court erred in declining to consider his motion, given the…