Legal Opinion

United States v. Amesquita-Padilla

District Court, W.D. Washington

Decided April 20, 1988No. CR87-264RPublishedCited by 14 opinions

1Opinion of the Court

ORDER DENYING MOTION TO PRECLUDE USE OF SENTENCING GUIDELINES

ROTHSTEIN, Chief Judge.

THIS MATTER comes before the court on defendants’ motion to preclude use of the Federal Sentencing Guidelines on the grounds that the 1984 Sentencing Reform Act violates the doctrine of separation of powers and is an unconstitutional delegation of Congress’ legislative authority. The National Association of Criminal Defense Lawyers, appearing as amicus curiae, echoes defendants’ constitutional arguments, and also challenges the Guidelines on statutory grounds. Having reviewed the motion, together with all…

2Cases cited33 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Allen v. WrightSupreme Court of the United States · 1984
  3. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  4. Tumey v. OhioSupreme Court of the United States · 1927
  5. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980

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3Cited by14 opinions

  1. United States v. Edward X. MondelloCourt of Appeals for the Ninth Circuit · 1991
  2. United States v. John Timothy MillerCourt of Appeals for the Fifth Circuit · 1990
  3. United States v. Estelle RogersCourt of Appeals for the Fourth Circuit · 1990
  4. United States v. Cassius L. ChinskeCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. Armando Martinez-CortezCourt of Appeals for the Ninth Circuit · 1991

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