Legal Opinion
United States v. Michael James Brady, United States of America v. Andre Michelle Lowe
Court of Appeals for the Ninth Circuit
Decided January 30, 1990No. 89-50079, 89-50128PublishedCited by 73 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
These two cases raise the issue of whether the Sentencing Guidelines, facially or as applied, violate the defendants’ fifth amendment right to substantive and procedural due process by limiting the sentencing discretion of district courts and infringing defendants’ rights to individualized sentences. We agree with the ten circuits which have previously decided this issue and find that the Guidelines do not violate due process on these grounds.
FACTS AND PROCEDURAL HISTORY
Brady
Michael James Brady (Brady) was indicted October 18, 1988, on three counts of robbery of a…
2Cases cited21 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Lockett v. OhioSupreme Court of the United States · 1978
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Gardner v. FloridaSupreme Court of the United States · 1977
16 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- United States v. Charles PerryCourt of Appeals for the Sixth Circuit · 1990
- United States v. Edwin Sanchez, United States of America v. Gregorio Rosario, United States of America v. Rafael SanchezCourt of Appeals for the First Circuit · 1990
- United States v. Hector Martin RamosCourt of Appeals for the Ninth Circuit · 1991
- United States v. Lesester D. McDougherty AKA Lester JohnsonCourt of Appeals for the Ninth Circuit · 1990
- United States v. Edward X. MondelloCourt of Appeals for the Ninth Circuit · 1991
68 more not listed; retrieve them via the Exa API.