Gubiensio-Ortiz v. Kanahele

PER CURIAM: On August 23, 1988, we held the Sentencing Guidelines, challenged in these cases, to be unconstitutional (Wiggins, dissenting). On January 23, 1989, the Supreme Court simultaneously granted a petition for writ of certiorari and vacated the judgment, remanding to this court for further consideration in light of Mistretta v. United States, 488 U.S. -, 109 S.Ct. 647 , 102 L.Ed.2d 714 (1988). United States v. Chavez-Sanchez, — U.S. -, 109 S.Ct. 859 , 102 L.Ed.2d 984 (1989) vacating Gubiensio-Ortiz v. Kanahele, 857 F.2d 1245 (1988). In Mistretta , the Supreme Court upheld the Sentencing Guidelines against the same Constitutional challenges that we considered in the instant case. Upon reconsideration in light of Misiretta, we affirm Gubiensio-Ortiz v. United States, No. 88-5848. In United States v. Chavez-Sanchez, 88-5109, we reverse and remand for resentencing under the guidelines.