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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