United States v. Dyck, ___ F.Supp.2d ___ (D.N.D. October 16, 2003) (on dissent upon imposition of sentence, the district court stated its disagreement with the controlling decision of United States v. Dyck, 334 F.3d 736 (8th Cir. 2003) (rejecting district court departure from U.S.S.G. 2L1.2 via U.S.S.G. 5K2.0, based upon the Feeney Amendment). The court cited Supreme Court precedent for the idea that a defendant has a Fifth Amendment Due Process right to be sentenced as an individual, and a mandated, non-discretionary application of the sentencing guidelines violates this right).