U.S. v. CULPEPPER

Criminal A. No. 1:95-CR-15-1-CC.

916 F.Supp. 1257 (1995)

UNITED STATES of America v. Robert K. CULPEPPER.

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

November 29, 1995.


Attorney(s) appearing for the Case

Gregory Stuart Smith and Mildred Hankins Geckler, Federal Defender Program, Atlanta, GA, for Robert K. Culpepper.

Joseph Andre Plummer, Office of United States Attorney, Organized Crime Strike Force, Atlanta, GA, for the U.S.


ORDER

COOPER, District Judge.

Pending before the court in the above-styled case is Defendant's Motion to Declare the Sentencing Provisions of 21 U.S.C. § 841 and 2D1.1 of the Sentencing Guidelines as to Cocaine Base Unconstitutional [13-1]. Defendant contends that the sentencing provisions in § 841 and 2D1.1 as they relate to "cocaine base" are unconstitutionally vague and violate the equal protection clause of the United States Constitution...

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