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U.S. v. MONROE

No. 92-1979.

978 F.2d 433 (1992)

UNITED STATES of America, Appellee, v. Gerald Anthony MONROE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1992.

Attorney(s) appearing for the Case

Nola M. McGuire, Irvine, Cal., argued, for appellant.

John James Ware, St. Louis, Mo., argued, for appellee.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

BRIGHT, Senior Circuit Judge.

The United States indicted Gerald A. Monroe, a twenty-nine-year-old African American, for possession with intent to distribute "crack" cocaine.1 The parties waived a jury trial and stipulated to the essential facts, leaving open the question of whether Monroe possessed crack cocaine or merely cocaine powder. The distinction here is important because possession of crack cocaine carries a sentence 100 times...

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