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United States v. Gray

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Submitted: June 10, 2009

Before COLLOTON, JOHN R. GIBSON, and BEAM, Circuit Judges.

Darryl Lajoune Brown pled guilty to possessing with intent to distribute five grams or more of cocaine base, commonly known as crack cocaine. The district court*fn1 sentenced Brown to 84 months’ imprisonment, and he appeals his sentence. Christopher Gray pled guilty to distributing five grams or more of crack cocaine, an offense to which a five-year statutory minimum sentence applies. The district court sentenced Gray to 70 months’ imprisonment, and denied Gray’s motion to declare unconstitutional the statute establishing a mandatory minimum punishment for trafficking in crack cocaine. Gray appeals the denial of his motion. We affirm.

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