United States v. Belgard

FERNANDEZ, Circuit Judge: David Keith Belgard appeals from a judgment in which he was sentenced to 42 months imprisonment with two years supervised release for his conviction for assault resulting in serious bodily injury to another, in violation of 18 U.S.C. § 113(f). Belgard's attack is two-pronged. First, he contends that the district court improperly instructed the jury with respect to the elements of simple assault and assault resulting in serious bodily injury. Second, he advances various constitutional challenges to the federal Sentencing Guidelines (""Guidelines"") that were promulgated pursuant to the Sentencing Reform Act of 1984, 18 U.S.C. §§ 3551-3625, 3673, 3742; 28 U.S.C. §§ 991-998. He asserts that the Guidelines scheme violates the doctrine of separation of powers, and that the function of probation officers violates that doctrine even if the scheme itself does not. He also asserts that probation investigating and reporting under the Guidelines and under a Temporary Order issued by the District Court for the District of Oregon on December 15, 1987, violate the due process clause of the fifth amendment. In addition, he claims that the Guidelines do not provide for enough opportunities for probation. We uphold the constitutionality of the Guidelines, and the propriety of the district court's order. We affirm the district court's instruction of the jury.