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U.S. v. WILLIAMS

Crim. A. No. 91-CR-188.

774 F.Supp. 594 (1991)

UNITED STATES of America, Plaintiff, v. Edward James WILLIAMS and Dyron Levonza McClennon, Defendants.

United States District Court, D. Colorado.

September 30, 1991.

Attorney(s) appearing for the Case

Kathleen Tafoya, Guy Till, Asst. U.S. Attys., Jane T. Feldman, Asst. Colorado Atty. Gen., Denver, Colo., Henry Reeve, Sp. Asst. U.S. Atty., Denver, Colo., for U.S.

Robert Flynn, Denver, Colo., Robert M. Rose, Dallas, Tex., Eric Ruderman, Denver, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

CARRIGAN, District Judge.

Defendants Edward Williams and Dyron McClennon have been indicted, inter alia, for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a) and (b). Both have moved to have the cocaine base statute declared unconstitutional under the Due Process clause of the Fifth Amendment. Williams also seeks a ruling that the penalty provisions regarding cocaine base contained...

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