U.S. v. AVANT

No. 89-6223.

907 F.2d 623 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald AVANT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 11, 1990.


Attorney(s) appearing for the Case

W. Hickman Ewing, Jr., U.S. Atty., Timothy R. DiScenza, John Fowlkes, Asst. U.S. Attys., Office of the U.S. Atty., Memphis, Tenn., for plaintiff-appellee.

April R. Ferguson, Asst. F.P. Defender, Memphis, Tenn., for defendant-appellant.

Before MARTIN and GUY, Circuit Judges; and GILMORE, District Judge.


BOYCE F. MARTIN, JR., Circuit Judge.

Ronald Avant appeals his sentence of ten years imprisonment and four years of supervised release following his conviction for possession of cocaine base, commonly known as crack cocaine, with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Avant argues that the distinction between "cocaine base" and "cocaine" in the statute is unconstitutionally vague and violates the constitutional prohibition of disproportionate...

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