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U.S. v. VASQUEZ

No. 95-4838 Non-Argument Calendar.

121 F.3d 622 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Manuel VASQUEZ, a.k.a. Luis Vasquez, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 9, 1997.

Attorney(s) appearing for the Case

Marisa Tinkler Mendez, Marisa Tinkler Mendez, P.A., Coral Cables, FL, for Defendant-Appellant.

Willaim A. Keefer, United States Attorney, Carol Herman, Dawn Bowen, Madeleine R. Shirley, Miami, FL, for Plaintiff-Appellee.

Before ANDERSON, BIRCH and CARNES, Circuit Judges.

PER CURIAM:

Appellant/defendant Luis Manuel Vasquez challenges his 48-month sentence for using a communication facility during a drug trafficking crime, in violation of 21 U.S.C. § 843(b) and 18 U.S.C. § 2. Specifically, Vasquez challenges the constitutionality of the federal crack cocaine (crack) penalties found in 21 U.S.C. § 841(b) and in U.S.S.G. § 2D1.1.1

Vasquez argues that because of ambiguity in the...

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