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U.S. v. FRANCOIS

Nos. 88-5110, 89-7675.

889 F.2d 1341 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Levelt FRANCOIS, Defendant-Appellant (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided November 22, 1989.

Attorney(s) appearing for the Case

J. Herbie DiFonzo (Margolius, Mallios, Davis, Rider and Tomar, on brief), for defendant-appellant.

Robert C. Chestnut, Asst. U.S. Atty. (Henry E. Hudson, U.S. Atty., on brief), for plaintiff-appellee.

Before MURNAGHAN, SPROUSE, and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

In No. 88-5110, Levelt Francois has appealed the sentence imposed upon him after his conviction of possession with intent to distribute 750 grams of crack (Count 1) and possession with intent to distribute approximately 100 grams of a mixture and substance containing cocaine (Count 2). In 88-5110, he claims (1) that the Federal Sentencing Guidelines violate the due process clause of the Constitution, (2) that his sentence of incarceration without...

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