United States v. Frank

OPINION

ZIEGLER, District Judge.

I. History of Case

Pending before the court are the constitutional challenges of defendant, Alan Frank, to the Sentencing Reform Act of 1984, 28 U.S.C. §§ 991-98 (1987), and the guidelines promulgated by the United States Sentencing Commission. We agree with defendant that the sentencing guidelines mandate a procedure that violates the Due Process Clause of the Fifth Amendment because it unduly limits a defendant’s right to present relevant evidence to a district court that will weigh the facts in determining an appropriate judgment of sentence, and that the Act…