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U.S. v. TERRY

No. 93-9348.

60 F.3d 1541 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Emmett TERRY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 16, 1995.

Attorney(s) appearing for the Case

Paul S. Kish, Federal Defender Program, Inc., Atlanta, GA, for appellant.

Joe D. Whitley, U.S. Atty., James W. Kesler, Amy Levin Weil, Asst. U.S. Attys., Atlanta, GA, for appellee.

Before HATCHETT and EDMONDSON, Circuit Judges, and GIBSON, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

Emmett Terry appeals his convictions and sentences for drug conspiracy and three substantive drug offenses under 21 U.S.C. § 846 and § 841(a)(1). Terry challenges on three grounds: (1) Section 1863(b)(6) of the Jury Selection and Service Act violates his Sixth Amendment rights; (2) the cocaine-base sentencing provisions violate the Equal Protection Clause; and (3) the district court erred in enhancing his sentence for abuse of the...

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