Legal Opinion
United States v. Kerr
District Court, W.D. Pennsylvania
Decided June 3, 1988No. Crim. 87-255PublishedCited by 24 opinions
1Opinion of the Court
OPINION
DIAMOND, District Judge.
Randolph Kerr and Russell Larew challenge the constitutionality of the Criminal Livelihood provision, § 4B1.3, of the Sentencing Guidelines. This provision mandates an offense level of no less than 13 and forbids probation for a defendant who “committed an offense as part of a pattern of criminal conduct from which he derived a substantial portion of his income.” Defendants assert, first, that this provision discriminates against indigent persons in violation of the equal protection and due process principles contained in the Fifth Amendment. 1 Second, they…
2Cases cited50 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Lockett v. OhioSupreme Court of the United States · 1978
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- McGowan v. MarylandSupreme Court of the United States · 1961
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3Cited by24 opinions
- United States v. Richard CianscewskiCourt of Appeals for the Third Circuit · 1990
- United States v. William LusterCourt of Appeals for the Sixth Circuit · 1989
- Mendoza-Lobos v. StateNevada Supreme Court · 2009
- Curley v. Cumberland Farms, Inc.District Court, D. New Jersey · 1991
- United States v. BelgardDistrict Court, D. Oregon · 1988
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