United States v. Swapp

MEMORANDUM OPINION

JENKINS, Chief Judge.

When sentence was first imposed in this matter, the Sentencing Guidelines had been struck down as unconstitutional by an en banc opinion of this court. 1 While this issue was on appeal from this court the Supreme Court spoke in United States v. Mistretta, — U.S. —, 109 S.Ct. 647, 102 L.Ed.2d 714 (1989), and upheld the Sentencing Guidelines as Constitutional. The Tenth Circuit in light of Mistretta remanded this matter for re-sentencing under the guidelines. 868 F.2d 1201. An amended presentence report was prepared for each defendant and discussed…