U.S. v. PALACIO

No. 1587, Docket 92-1618.

4 F.3d 150 (1993)

UNITED STATES of America, Appellee, v. Joaquin PALACIO, also known as Ruben Zapata, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 31, 1993.


Attorney(s) appearing for the Case

John Apicella, Brooklyn, NY, for defendant-appellant.

Judith Lieb, Asst. U.S. Atty., Brooklyn, NY (Mary Jo White, U.S. Atty., Peter A. Norling, Asst. U.S. Atty., on the brief), for appellee.

Before: NEWMAN, Chief Judge, FEINBERG, Circuit Judge, and KELLEHER, District Judge.


JON O. NEWMAN, Chief Judge:

Congress has specified more severe penalties for offenses involving cocaine base than for offenses involving cocaine hydrochloride. See 21 U.S.C. § 841(b)(1)(A)(iii), (B)(ii)(II) (1988). Though the purpose of the higher penalty is to deter traffic in crack, a common form of cocaine base, this Circuit has ruled that the higher penalties for cocaine base apply to any substance within the chemical definition of cocaine base, whether...

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