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  • United States v. Torres, 107 F.3d 1, 1st Cir. (1997)

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    This document is an unpublished appellate court opinion from February 12, 1997. It summarizes that the defendant appealed his sentence solely on the basis that the district court erred in not considering a downward departure due to the 100-to-1 penalty difference between crack and powder cocaine violating equal protection. However, the appellate court had previously rejected this argument in two prior cases cited. As such, the appellate court affirmed the defendant's sentence given there was no reason shown to diverge from this precedent.

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    Filed: 1997-02-12 Precedential Status: Non-Precedential Citations: 107 F.3d 1 Docket: 96-1920

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    This document is an unpublished appellate court opinion from February 12, 1997. It summarizes that the defendant appealed his sentence solely on the basis that the district court erred in not considering a downward departure due to the 100-to-1 penalty difference between crack and powder cocaine violating equal protection. However, the appellate court had previously rejected this argument in two prior cases cited. As such, the appellate court affirmed the defendant's sentence given there was no reason shown to diverge from this precedent.

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    Public Domain
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    5 views1 page

    United States v. Torres, 107 F.3d 1, 1st Cir. (1997)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished appellate court opinion from February 12, 1997. It summarizes that the defendant appealed his sentence solely on the basis that the district court erred in not considering a downward departure due to the 100-to-1 penalty difference between crack and powder cocaine violating equal protection. However, the appellate court had previously rejected this argument in two prior cases cited. As such, the appellate court affirmed the defendant's sentence given there was no reason shown to diverge from this precedent.

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    of 1

    107 F.

    3d 1

    NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished


    opinions may be cited only in related cases.
    UNITED STATES, Appellee,
    v.
    Yusuf TORRES, Defendant, Appellant.
    No. 96-1920.

    United States Court of Appeals, First Circuit.


    Feb. 12, 1997.

    Janet H. Pumphrey on brief for appellant.


    Paul M. Gagnon, United States Attorney, and Jean B. Weld, Assistant
    United States Attorney, on brief for appellee.
    Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH,
    Circuit Judge.
    PER CURIAM.

    Defendant appeals from his sentence on the sole ground that the district court
    erred "in failing to consider a downward departure under U.S.S.G. 5K2.0
    because the 100-to-1 penalty for crack and powder cocaine violates the equal
    protection clause." He specifically argues that, when Congress disapproved the
    Sentencing Commission's proposal to equalize those penalties, it violated equal
    protection. However, we already have rejected the substance of that argument.
    See United States v. Andrade, 94 F.3d 9, 14-15 (1st Cir.1996); United States v.
    Singleterry, 29 F.3d 733, 739-41 (1st Cir.), cert. denied, 115 S.Ct. 647 (1994).
    Defendant presents no discernible reason to diverge from that precedent.

    The sentence is affirmed. See 1st Cir. Loc. R. 27.1.

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