U.S. v. HARRIS

Nos. 92-20016-01, 92-20016-02.

809 F.Supp. 843 (1992)

UNITED STATES of America, Plaintiff, v. Michael Dwayne HARRIS and Michael Anthony Thurmond, Defendants.

United States District Court, D. Kansas.

December 16, 1992.


Attorney(s) appearing for the Case

Robert S. Streepy, Asst. U.S. Atty., Kansas City, KS, for U.S.

James T. George, Overland Park, KS, for Harris.

David Phillips, Asst. Federal Public Defender, Kansas City, KS, for Thurmond.


MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

On July 17, 1992, defendant Michael Anthony Thurmond filed a motion to declare unconstitutional the sentencing provisions of Title 21, United States Code § 841(b)(1)(A)(iii) and the Sentencing Guidelines as to cocaine base, § 2D1.1. Defendant Michael Dwayne Harris joined in defendant Thurmond's motion. On August 17, 1992, following oral argument on defendants...

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