United States of America, Appellee/cross-Appellant v. Cordell Spencer, Appellant/cross-Appellee

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The most serious issue presented in this case is whether, as the district court ruled, the career offender provisions of the Sentencing Guidelines are unconstitutional as applied to the defendant, Cordell Spencer. Spencer was convicted, after a jury trial, of possession with intent to distribute cocaine base (21 U.S.C. §§ 841(a)(1), 841(b)(l)(B)(iii)), and possession with intent to distribute a detectable amount of heroin (21 U.S.C. §§ 841(a)(1), 841(b)(1)(C)). Refusing to follow the Sentencing Guidelines, which…