U.S. v. GARDNER

No. 90-2005.

931 F.2d 1097 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Roger GARDNER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 24, 1991.


Attorney(s) appearing for the Case

Amy B. Hartmann, Detroit, Mich., for plaintiff-appellee.

R. Steven Whalen, Goldschmid & Kozma, Detroit, Mich., for defendant-appellant.

Before KRUPANSKY and BOGGS, Circuit Judges, and ENGEL, Senior Circuit Judge.


PER CURIAM.

Defendant-Appellant Roger Gardner was sentenced to 60 months imprisonment for the unlawful possession of a short-barreled shotgun and the possession with intent to distribute of five grams or more of crack cocaine. At sentencing, Gardner claimed he was deprived of substantive and procedural due process insofar as 18 U.S.C. § 3553(e) allowed the district court to sentence below the statutory minimum penalty for the drug count only upon motion of the...

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