The following excerpt is from U.S. v. Klein, 860 F.2d 1489 (9th Cir. 1988):
Id. at 468 (quoting Ex Parte United States, 242 U.S. at 42, 37 S.Ct. at 74); see also United States v. Lewis, 300 F.Supp. 1171 (E.D.Pa.1969) (prosecutor's choice between statutes with and without minimum mandatory sentences did not violate separation of powers); DeAngelis v. United States, 345 F.Supp. 9, 11 n. 3 (E.D.Pa.1972) (statutes with minimum mandatory sentence upheld; collected cases).
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