United States Second Circuit

Conviction and sentence for possession with intent to distribute and distribution of cocaine and cocaine base is affirmed where: 1) plaintiff's argument that the mandatory sentencing scheme in 14 U.S.C. sec. 841(b) violates the Equal Protection Clause fails, as the Supreme Court's decision in Kimbrough does not suggest that the powder to crack cocaine disparity in sec. 841(b)is unconstitutional; 2) the parsimony clause in 18 U.S.C. sec. 3553(a) does not conflict with the mandatory sentencing provisions in sec. 841(b); and 3) any error in sentencing did not affect plaintiff's substantial rights.

Appellate Information

• Decided 03/24/2009
• Published 03/24/2009

Judges

• PER CURIAM 1:, Before:  JACOBS, Chief Judge, WESLEY and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Charles F. Willson, Nevins & Nevins LLP, East Hartford, CT, for Defendant-Appellant., William J. Nardini, Assistant United States Attorney, and Sandra S. Glover, Assistant United States Attorney (of counsel), for Nora R. Dannehy, Acting United States Attorney for the District of Connecticut, for Appellee.