United States v. Estrada

MEMORANDUM OPINION

HEANEY, Circuit Judge, Sitting by Designation.

Jesus Estrada moves this Court for an order precluding application of the recently promulgated Federal Sentencing Guidelines and Policy Statements (hereinafter guidelines) to his case on the ground that they are unconstitutional.

This Court finds the guidelines to be in violation of the separation of powers, both because they impermissibly grant substantial legislative power to the judicial branch of government and because they require federal judges to perform duties which would substantially impair the ability of the judiciary…