U.S. v. Davern, No. 90-3681 (6th Cir.) (970 F.3d 1490) (July 1, 1992) (Judge Cornelia G. Kennedy)
This classic early Guidelines case, which challenged the constututionality of the Guidelines, is noted for Judge Merritt's dissent in which he forcefully argued that it was a violation of due process to sentence a defendant based on conduct not charged.
In broadly challenging the constitutionality of the Guidelines on numerous …
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