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U.S. v. BROWN

No. 93-1834.

9 F.3d 1374 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony James BROWN, also known as Tony James Freeze, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 30, 1993.

Attorney(s) appearing for the Case

Scott F. Tilsen, Asst. Federal Public Defender, Minneapolis, MN, argued, for defendant-appellant.

Richard G. Morgan, Asst. U.S. Atty., Minneapolis, MN, argued, for plaintiff-appellee.

Before LOKEN, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HANSEN, Circuit Judge.

LOKEN, Circuit Judge.

In State v. Russell, 477 N.W.2d 886 (1991), the Minnesota Supreme Court held that a state statute imposing harsher penalties for possession of crack than for possession of powder cocaine violated the equal protection guarantee in the Minnesota Constitution. Anthony James Brown was then indicted for distribution of crack cocaine in violation of 21 U.S.C. § 841(a)(1), and pending state drug charges...

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