United States of America, Appellee, v. Cheron Wade, Appellant, 48 F.3d 1225 (8th Cir. 1995)

Cheron Wade appeals his 211-month sentence imposed by the district court¹  after a jury convicted him of possessing with intent to distribute crack cocaine and possessing a firearm during the commission of a drug trafficking crime, in violation of 21 U.S.C. § 841(a) (1), (b) (1) (A) (iii), and 18 U.S.C. § 924(c) (1). For reversal, Wade argues only that the 100-to-1 ratio between crack cocaine and cocaine penalties has a disproportionate impact on blacks and violates his equal protection rights under the Fifth Amendment, and that the district court erred in failing to depart for this reason. We have repeatedly addressed and rejected contentions that the 100-to-1 ratio violates equal protection of the law or could serve as a ground for departure. United States v. Maxwell, 25 F.3d 1389, 1396-97, 1401 (8th Cir.), cert. denied, 115 S. Ct. 610 (1994); see also United States v. Clary, 34 F.3d 709, 712-14 (8th Cir. 1994), petition for cert. filed, No. 94-7713 (U.S. Jan. 18, 1995).

Accordingly, the judgment is affirmed.