United States v. Terry James Kohl

ORDER

The opinion filed on April 30, 1992 is withdrawn.

OPINION

BACKGROUND

Terry James Kohl appeals his sentence for conspiracy to distribute 500 grams or more of cocaine in violation of 21 U.S.C. §§ 846 , 841(a), and 841(b)(1)(B). He was sentenced to 120 months under the United States Sentencing Guidelines. He argues that because he pleaded guilty to a conspiracy that began before the Sentencing Guidelines’ effective date, his sentence violates the ex post facto clause. He also claims his sentence violates the equal protection clause because his coconspirators, who were not sentenced under the guidelines, received lesser sentences. We affirm.

In September 1989, Kohl was indicted on seven counts of cocaine trafficking. During 1987 through 1989, he had been involved in transporting cocaine from California for later sale in Seattle. He entered a guilty plea to count one, conspiracy to distribute cocaine. As part of the plea agreement, the government was required to request a sentence below the applicable guideline range, but not less than eight years. The court sentenced Kohl to 120 months imprisonment and imposed a $17,-500 fine.

On February 5, 1991, Kohl filed his motion to…