Unpublished Dispositionunited States of America, Plaintiff-appellee v. Lawrence W. Oliver, Defendant-appellant, 870 F.2d 658 (6th Cir. 1989)

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US Court of Appeals for the Sixth Circuit - 870 F.2d 658 (6th Cir. 1989)

March 10, 1989

Before MERRITT and DAVID A. NELSON, Circuit Judges, and LIVELY, Senior Circuit Judge

MERRITT, Circuit Judge.

The only issue asserted by appellant is that the Federal Sentencing Guidelines are unconstitutional in that they were the product of an unlawful delegation of the powers of Congress to the Sentencing Commission. The United States Supreme Court, however, in Mistretta v. United States, --- U.S. ----, 109 S. Ct. 2818 (Jan. 18, 1989), held that the guidelines were constitutional and did not result from an unlawful delegation. The decision of the District Court, therefore, is affirmed.