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DAVIS v. U.S. SENTENCING COM'N

No. 11-5264.

716 F.3d 660 (2013)

Brian A. DAVIS, Appellant v. UNITED STATES SENTENCING COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 2013.

Attorney(s) appearing for the Case

Robert S. Silverblatt , Student Counsel, argued the cause as amicus curiae in support of appellant. With him on the briefs were Steven H. Goldblatt , appointed by the court, Nilam A. Sanghvi and Rita K. Lomio , Supervising Attorneys, and Roshni J. Patel , Student Counsel.

Brian A. Davis, pro se, filed the brief for appellant.

Alan Burch , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Before: GARLAND, Chief Judge, GRIFFITH, Circuit Judge, and GINSBURG, Senior Circuit Judge.

GRIFFITH, Circuit Judge:

Appellant Brian Davis was sentenced to prison for crimes involving powder and crack cocaine before Congress and the Sentencing Commission took steps to reduce the disparity in sentencing ranges between the two. Unfortunately for Davis, these efforts were directed at crimes involving lesser amounts of cocaine than his. In a suit that seeks declaratory relief and possibly damages, Davis claims that these efforts violate the Equal Protection...

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