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U.S. v. SPENCER

No. 98-2063.

160 F.3d 413 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin SPENCER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 13, 1998.

Attorney(s) appearing for the Case

Colin S. Bruce (argued), Office of the United States Attorney, Urbana, IL, for Plaintiff-Appellee.

Eric M. Schwing, Babette P. Salus (argued), Schwing & Salus, Springfield, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, and CUMMINGS and ESCHBACH, Circuit Judges.

POSNER, Chief Judge.

The defendant was sentenced to 106 months in prison for a variety of federal crimes including possession of 4.8 grams of crack cocaine with intent to distribute it, in violation of 21 U.S.C. § 841(a). On appeal he complains that the statute, which for sentencing purposes equates 1 gram of crack cocaine to 100 grams of powdered cocaine, § 841(b), violates the Ninth Amendment to the U.S. Constitution. His brief makes scattered references...

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