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U.S. v. LEWIS

Nos. 95-4104NE, 95-4105NE, 95-4107NE and 95-4108NE.

90 F.3d 302 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Martin LEWIS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Delano Eugene MAXWELL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Hassan MAJIED, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Chester DAVIS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1996.

Rehearing and Suggestion for Rehearing Denied August 26, 1996.

Attorney(s) appearing for the Case

Alan G. Stoler, Omaha, NE, argued (Brent Bloom and W. Russell Bowie, on the brief), for appellants.

William W. Mickle, II, Asst. U.S. Atty., Omaha, NE, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN, Circuit Judge, and KORNMANN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 26, 1996.

RICHARD S. ARNOLD, Chief Judge.

In this case we are asked to hold that recent developments concerning the Sentencing Guidelines' 100:1 ratio between "crack" and powder cocaine1 justify a downward departure from the sentences prescribed by the Guidelines for "crack" offenses. The District Court2 rejected this contention, and we affirm...

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