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U.S. v. HARDING

No. 91-50423.

971 F.2d 410 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis Fitzgerald HARDING, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1992.

Attorney(s) appearing for the Case

David S. McLane, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Peter G. Spivack, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before: FARRIS, WIGGINS, and FERNANDEZ, Circuit Judges.

WIGGINS, Circuit Judge:

OVERVIEW

Curtis Fitzgerald Harding appeals his sentence of 120 months under the Sentencing Guidelines for possession with the intent to distribute cocaine base. He argues that the distinction made in the United States Sentencing Guidelines between cocaine base (crack) and cocaine hydrochloride (powder cocaine) violates the Equal Protection Clause of the United States Constitution. The District Court had jurisdiction over this case...

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