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U.S. v. JOHNSON

Nos. 92-3276, 92-3289 and 92-3153.

40 F.3d 436 (1994)

UNITED STATES of America, Appellee, v. Michael D. JOHNSON, Appellant. UNITED STATES of America, Appellee, v. Kevin Lamont THOMAS, Appellant. UNITED STATES of America, Appellee, v. Dwayne Antonio THOMAS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 22, 1994.

Attorney(s) appearing for the Case

Jensen E. Barber, Washington, DC (appointed by the court), argued the cause and filed the brief, for appellant Michael D. Johnson. A.J. Kramer, Federal Public Defender, and Carmen D. Hernandez, Asst. Federal Public Defender, Washington, DC, filed the briefs, for appellant Kevin Lamont Thomas.

A.J. Kramer, Federal Public Defender, Washington, DC, argued the cause, for appellant Dwayne Antonio Thomas. With him on the briefs was Carmen D. Hernandez, Asst. Federal Public Defender, Washington, DC.

Barbara A. Grewe, Asst. U.S. Atty., Washington, DC, argued the cause, for appellee. With her on the brief were Eric H. Holder, Jr., U.S. Atty., John R. Fisher, Roy W. McLeese, III, and William R. Cowden, Asst. U.S. Attys., Washington, DC.

Before: EDWARDS, Chief Judge, SILBERMAN and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

These cases involve a constitutional challenge to the Anti-Drug Abuse Act of 1986 ("1986 Act"), which punishes crimes involving "crack" cocaine more severely than those involving an equivalent amount of cocaine powder. Appellants were convicted of possession and distribution of crack cocaine, sentenced under the federal Sentencing Guidelines, and now appeal their sentences under...

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