United States v. Rodney K. Lee

BARRETT, Senior Circuit Judge.

In this appeal by the United States, we must decide whether the district court erred in concluding that defendant-appellee Rodney K. Lee (Lee), indicted and convicted under 21 U.S.C. § 846 (attempt to possess with intent to distribute marijuana), was not subject to the mandatory minimum five year sentencing provision of 21 U.S.C. § 841(b)(l)(B)(vii) on constitutional equal protection grounds.

That statute provides that a defendant convicted of an offense involving “100 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 100…