Legal Opinion

United States v. Davis

District Court, C.D. California

Decided June 30, 1989No. CR 88-36(a) JSLPublishedCited by 25 opinions

1Opinion of the Court

OPINION AND ORDER

LETTS, District Judge.

The issue presented by this case is whether the Sentencing Guidelines, 18 U.S. C.A. §§ 3551-3742 (West 1985 & Supp. 1989) and 28 U.S.C.A. §§ 991-998 (West Supp.1989) (the “Guidelines”), can be applied without violating the Due Process Clause of the Fifth Amendment. This court holds that they cannot.

FACTS

On October 25,1988, a federal jury found defendant Greg Davis and three co-defendants, Alfredo Chavaria-Castaneda, Robert Acevedes-Ramirez and Moisés Negron, Jr., guilty of conspiracy and other crimes arising out of their attempt to purchase cocaine. 1…

2Cases cited17 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Mullaney v. WilburSupreme Court of the United States · 1975
  4. Mistretta v. United StatesSupreme Court of the United States · 1989
  5. McMillan v. PennsylvaniaSupreme Court of the United States · 1986

12 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. United States v. WaltonCourt of Appeals for the Sixth Circuit · 1990
  2. United States v. George Terzado-MadrugaCourt of Appeals for the Eleventh Circuit · 1990
  3. 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
  4. United States v. Hector Martin RamosCourt of Appeals for the Ninth Circuit · 1991
  5. United States v. John Stephen WilsonCourt of Appeals for the Ninth Circuit · 1990

20 more not listed; retrieve them via the Exa API.

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