Gibson v. United States

KING, Associate Judge:

Appellant challenges, on constitutional grounds, the statutory provision declaring those previously convicted of specified drug trafficking offenses to be ineligible to invoke the addict exception 1 to the mandatory-minimum sentencing requirements of the Controlled Substance Act. 2 Although we have rejected constitutional challenges to other provisions of the mandatory-minimum sentencing statute in previous cases, 3 we have not been called upon to consider constitutional challenges to the prior conviction exclusion.

In four separate indictments appellant was charged with…