Legal Opinion

United States v. Edward James Clary

Court of Appeals for the Eighth Circuit

Decided October 20, 1994No. 94-1422PublishedCited by 68 opinions

1Opinion of the Court

JOHN R. GIBSON, Senior Circuit Judge.

The United States appeals from the sentence imposed upon Edward James Clary for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(b)(l)(A)(iii). Clary entered a guilty plea to the charge which called for a ten-year mandatory minimum sentence. After conducting a four-day hearing, the district court sentenced Clary to four years. The court held that the 100 to 1 ratio for crack cocaine to powder cocaine was disproportionate and in violation of the Equal Protection Clause both generally and as applied, and that the selective…

2Cases cited24 opinions

  1. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  2. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  3. Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979
  4. Gomillion v. LightfootSupreme Court of the United States · 1960
  5. United States v. James B. Simmons, United States of America v. Charles H. BowersCourt of Appeals for the Eighth Circuit · 1992

19 more not listed; retrieve them via the Exa API.

3Cited by68 opinions

  1. United States v. Thomas Lee FarmerCourt of Appeals for the Eighth Circuit · 1996
  2. United States v. Spotted ElkCourt of Appeals for the Eighth Circuit · 2008
  3. United States v. SteenCourt of Appeals for the Fifth Circuit · 1995
  4. United States v. Wallace Andre Jackson, United States of America v. Vaniel GrahamCourt of Appeals for the Eighth Circuit · 1995
  5. United States v. Christopher MooreCourt of Appeals for the Second Circuit · 1995

63 more not listed; retrieve them via the Exa API.

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