United States of America, Appellee, v. Andy Conard, Jr., Appellant, 37 F.3d 1503 (8th Cir. 1994)

Andy Conard, Jr., appeals the 170-month sentence imposed by the district court¹  after a jury convicted him of conspiring to distribute crack cocaine, aiding and abetting the distribution of crack cocaine, and using a firearm in relation to a drug trafficking offense, in violation of 21 U.S.C. §§ 841(a) (1), (b) (1) (A), (b) (1) (C) and 846, and 18 U.S.C. §§ 2 and 924(c) (1).

On appeal, Conard argues only that the 100-to-1 ratio between powdered and crack cocaine penalties violates the Equal Protection Clause, citing United States v. Clary, 846 F. Supp. 768, 796-97 (E.D. Mo. 1994). We have recently decided the Clary appeal, rejecting the theory that Congress was motivated by unconscious racism and reaffirming our prior holding that the 100-to-1 ratio does not deny equal protection. United States v. Clary, No. 94-1422, slip op. at 4-10 (8th Cir. Sept. 12, 1994); see also United States v. Maxwell, 25 F.3d 1389, 1396-97, 1401 (8th Cir. 1994).

Accordingly, the judgment is affirmed.