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U.S. v. BOOKER

No. 95-1747.

70 F.3d 488 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Henry BOOKER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 16, 1995.

Attorney(s) appearing for the Case

Andrew B. Baker, Jr., Asst. U.S. Atty. (argued), Dyer, IN, for United States.

Paul J. Newman, South Bend, IN, Thomas A. Durkin (argued), Michigan City, IN, for Henry Booker.

Before CUMMINGS, ESCHBACH and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

This appeal presents the question of whether the statutory and sentencing guideline provisions mandating separate penalties for the distribution of "cocaine" and "cocaine base" are ambiguous. Henry Booker pled guilty to the distribution of crack cocaine in violation of 21 U.S.C. § 841(a)(1). He received a sentence of 20 years of imprisonment.1 Booker was...

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