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U.S. v. BYSE

No. 93-8081.

28 F.3d 1165 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin BYSE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 17, 1994.

Attorney(s) appearing for the Case

Kevin R. Brehm, Federal Defender Program, Inc., Atlanta, GA, for defendant-appellant.

Sandra Elizabeth Strippoli, Amy Levin Weil, Asst. U.S. Attys., Atlanta, GA, for plaintiff-appellee.

Before BIRCH and CARNES, Circuit Judges, and BLACKBURN, District Judge.

BIRCH, Circuit Judge:

In this appeal, we decide for the first time in our circuit whether sentencing statutes that punish more severely conduct involving base or crack cocaine as opposed to powder cocaine exhibit an unconstitutional, racially discriminatory purpose. The district court determined that the relevant sentencing provisions do not violate equal protection. We AFFIRM.

I. BACKGROUND

On June 1, 1992, defendant-appellant Marvin Byse was introduced...

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