United States v. Walter Taylor

ORDER

The suggestion for rehearing en banc is denied. The petition for rehearing is also denied.

On the court’s own motion the attached opinion is substituted for the opinion filed January 12, 1993.

Before McMILLIAN, Circuit Judge, FRIEDMAN, * Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge. MORRIS SHEPPARD ARNOLD, Circuit Judge.

Walter Taylor was indicted on eight counts of selling cocaine base. He filed a motion to dismiss the indictment, alleging that 21 U.S.C. § 841(a)(1) and (b) were racially discriminatory because they provided different punishment for the sale of the same…