United States v. Curtis Fitzgerald Harding

WIGGINS, Circuit Judge:

OVERVIEW

Curtis Fitzgerald Harding appeals his sentence of 120 months under the Sentencing Guidelines for possession with the intent to distribute cocaine base. He argues that the distinction made in the United States Sentencing Guidelines between cocaine base (crack) and cocaine hydrochloride (powder cocaine) violates the Equal Protection Clause of the United States Constitution. The District Court had jurisdiction over this case pursuant to 18 U.S.C. § 3231. This court has jurisdiction over the timely appeal pursuant to 28 U.S.C. § 1291. We affirm.

BACKGROUND

On February…