U.S. v. ROSE

No. 88-3017.

881 F.2d 386 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Robert A. ROSE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 1989.

Attorney(s) appearing for the Case

Jeffrey Anderson, Asst. U.S. Atty., Madison, Wis., for plaintiff-appellee.

Peter L. Steinberg, King Street Alternative Law Office, Inc., Madison, Wis., for defendant-appellant.

Before POSNER and COFFEY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

POSNER, Circuit Judge.

Robert Rose was convicted of distributing "1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD)." 21 U.S.C. § 841(b)(1)(B)(v). The minimum sentence for the violation of this provision is five years in prison without possibility of parole, see § 841(b)(1)(B); the judge sentenced Rose to this term and tacked on four years of supervised release. Rose challenges the constitutionality...

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