United States v. Eastland

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Currently before the Court is Joseph Patrick Eastland’s motion to declare the new Sentencing Guidelines unconstitutional. For the reasons set forth below, we conclude that the Sentencing Guidelines are invalid under the non-delegation theory or, alternatively, as an excessive delegation. *

As of July 20, 1988, 141 opinions or orders had been issued by various district courts around the country concerning the constitutionality of the Sentencing Guidelines. On different bases, a majority, 79-62, have found the Sentencing Guidelines…