US v. Wilson

• Decision Date: 19 April 1988
• Docket Number: No. CR-88-67-W.,CR-88-67-W.
• Parties: UNITED STATES of America, Plaintiff, v. Robert Vann WILSON, Defendant.
• Court: U.S. District Court — Western District of Oklahoma

686 F. Supp. 284

UNITED STATES of America, Plaintiff, v. Robert Vann WILSON, Defendant.

No. CR-88-67-W.

United States District Court, W.D. Oklahoma.

April 19, 1988.

William S. Price, U.S. Atty., Frank Michael Ringer, Asst. U.S. Atty., for U.S.

William P. Earley, Oklahoma City, Okl., for defendant.

ORDER

LEE R. WEST, District Judge.

The defendant, Robert Vann Wilson, has been charged with a four count indictment alleging violations of title 18, section 1952 and title 21, sections 963 and 846 of the United States Code. Two counts involve acts allegedly committed on or after November 1, 1987, and thus defendant Wilson, if found guilty of these crimes, would fall under the sentencing provisions of the Sentencing Reform Act of 1984 (the Act), 28 U.S.C. §§ 991-998. The instant motion submitted by defendant Wilson challenges the constitutionality of this Act.

As part of the Comprehensive Crime Control Act of 1984, Congress revised, procedurally and substantively, the method of sentencing those found guilty of federal crimes. The new system has four principal purposes, 28 U.S.C. § 991(b), one of which is the use by federal judges of sentencing guidelines and rules to reduce alleged sentencing disparities. Id. § 991(b)(1)(B). To cure this perceived lack of consistency, Congress, instead of issuing guidelines itself, created the United States Sentencing Commission (the Commission), id. § 991(a), and charged it with the responsibility of promulgating rules and policies which interpret and elaborate on standards enunciated by Congress. Id. § 994.

The Commission is composed of seven voting members and two nonvoting ex officio members. Id. § 991(a). The voting members are appointed by the President of the United States, with the advice and consent of the United States Senate, for staggered six-year terms, id. § 992(a), and they may be removed from their positions as Commission members by the President only for neglect of duty, malfeasance in office or other good cause. Id. § 991(a). At least three of the seven Commission members must be federal judges and the selection of these members is made from six federal judges recommended to the President by the United States Judicial Conference. Id. There are no restrictions on the appointment of the four remaining positions (except not more than four Commission members shall be of the same political party, id.), and the President, subject to the advice and consent of the Senate, appoints the Commission member to serve as Commission chairperson. Id.

These guidelines as now established by the Commission and under which defendant Wilson is to be sentenced if found guilty are alleged to be constitutionally defective on the grounds that the Act constitutes an impermissible delegation of authority and that the Act violates the separation of powers doctrine. Having determined that all issues are ripe for review at this stage of the proceeding so that defendant Wilson will be able to assess more accurately the consequences of tendering a plea of guilty or proceeding to trial by jury, e.g., United States v. Arnold, 678 F.Supp. 1463 (S.D. Cal.1988), and having examined the arguments and authorities submitted by the plaintiff, the United States of America, and defendant Wilson, the Court makes the following determination.

The defendant's first argument is based upon his contention that Congress has impermissibly delegated the task of fixing penalties for federal crimes to the Commission. Such argument was rejected in Arnold after the court found that the Act provided "ample statements of policy and specific rules to guide the Commission's exercise of the delegated authority." At 1468; e.g., United States v. Ruiz-Villanueva, 680 F.Supp. 1411 (S.D.Cal.1988); United States v. Smith, 686 F.Supp. 847 (D.Colo.1988); United States v. Erves, No. CR-87-47A (N.D.Ga. March 22, 1988); United States v. Chambless, 680 F.Supp. 793 (E.D.La.1988). This Court likewise finds that the Act can survive a challenge based upon delegation of legislative power.

The defendant's second argument that the Act violates the separation of powers doctrine is based on the fact that the Commission is statutorily located in the judicial branch of the government and on the fact that the Act mandates the service of at least three federal judges as Commission members. While the three branches of government are separate, they are not absolutely independent. Nixon v. Administrator of General Services Administration, 433 U.S. 425, 443, 97 S.Ct. 2777, 2790, 53 L.Ed.2d 867 (1977) (Constitution does not require branches to operate with absolute independence). Thus, the Court's inquiry must focus on the extent to which the Act prevents the judicial branch, the affected branch, and its components, the federal courts and federal judges, from accomplishing their constitutionally assigned functions. Id.

The Act expressly provides that the Commission "is established as an independent commission in the Judicial Branch of the United States...." 28 U.S.C. § 991(a). Despite this placement, Commission members perform nonjudicial functions.

Article III, section 2, clause 1 of the United States Constitution restricts the judicial branch and its members to resolution of cases and controversies. Commission members by the plain language of the Act decide no cases or controversies; their statutory duties instead are primarily to promulgate procedural and substantive guidelines and rules for use by federal judges in sentencing defendants found guilty of federal crimes. Such duties are nonjudicial in nature. E.g., Bowsher v. Synar, 478 U.S. 714, ___, 106 S.Ct. 3181, 3192, 92 L.Ed.2d 583 (1986) (interpreting law enacted by Congress to implement legislative mandate is "very essence of `execution' of the law").

The Court finds that the separation of powers doctrine is further offended by the composition of the Commission since it impermissibly expands the function of the judiciary beyond constitutional limits by inviting federal judges to engage in nonjudicial activities and thus impairs their ability to perform their own constitutional mandate. As the court stated in Arnold, this impairment is both quantitative and qualitative. At 1470-72.

This Court is not overly concerned with the former, that is, Commission members, which are required to serve in nonjudicial capacities to fulfill the powers and duties conferred by Congress for at least six years, are hampered in their ability to perform constitutional duties; this Court is however convinced that the latter impairment poses a significant and insurmountable barrier.

The judges as are all Commission members are statutorily charged with the duty to promulgate procedural and substantive rules and guidelines directing the function of the federal criminal system. They are also faced with the threat of removal from Commission duties by the President. As federal judges, Commission members are required to preserve their impartiality and...