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  5. 864 F.Supp. 1303 (1994)
 

U.S. v. DAVIS

Crim. A. Nos. 1:93-CR-0234-JOF, 1:94-CR-021-JOF.

864 F.Supp. 1303 (1994)

UNITED STATES of America v. Ricky DAVIS and Jerry Deron Jones. UNITED STATES of America v. Jerry Deron JONES.

United States District Court, N.D. Georgia, Atlanta Division.

August 26, 1994.

Attorney(s) appearing for the Case

Gerrilyn Brill, Janet F. King, U.S. Attorney's Office, N.D. Ga., Atlanta, GA, for the government.

Gregory S. Smith, Suzanne Hashimi, L. Burton Finlayson, Federal Defender Program, Inc., Atlanta, GA, Victoria D. Little, Decatur, GA, for defendants.

ORDER

FORRESTER, District Judge.

This matter is before the court on Defendants' challenge to the sentencing provisions of 21 U.S.C. § 841 which operate to enhance the penalties for offenses involving cocaine base. Jones, who has pled guilty and awaits sentencing, argues that the penalty provisions are void for vagueness, or that they are inapplicable by operation of the rule of lenity because there are two statutory penalties for cocaine. Davis...

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