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U.S. v. MOORE

No. 10-2261.

644 F.3d 553 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Roderick MOORE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 3, 2011.

Rehearing and En Banc Denied July 21, 2011.

Attorney(s) appearing for the Case

David E. Bindi (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Andrea E. Gambino (argued), Gambino & Associates, Chicago, IL, for Defendant-Appellant.

Before FLAUM, WOOD, and TINDER, Circuit Judges.

FLAUM, Circuit Judge.

Roderick Moore pled guilty to distributing more than 50 grams of crack cocaine in violation of 21 U.S.C. § 841. He challenges the constitutionality of the penalties set forth in that section, which, at the time he was sentenced, punished those dealing in crack cocaine 100 times more severely that those dealing in powder cocaine. The district court rejected Moore's argument that the crack-powder disparity violates his Due Process and Equal...

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