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U.S. v. MADISON

No. 91 Cr. 161 (RPP).

781 F.Supp. 281 (1992)

UNITED STATES of America v. Marc A. MADISON, Defendant.

United States District Court, S.D. New York.

January 2, 1992.

Attorney(s) appearing for the Case

Otto G. Obermaier, U.S. Atty., S.D.N.Y. by Jonathan N. Halpern, Asst. U.S. Atty., New York City, for U.S.

Legal Aid Soc. Criminal Defense Div., Federal Defender Services Unit by Leonard F. Joy, New York City, for defendant.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendant moves for an order declaring the distinction in sentencing between cocaine and cocaine base in 21 U.S.C. § 841 and in the United States Sentencing Guidelines unconstitutional in violation of the Fifth Amendment to the United States Constitution. For the reasons set forth below, Defendant's motion is denied.

BACKGROUND

On March 9, 1990, Defendant Marc Madison was...

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