United States v. William C. Fraiser

66 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. William C. FRAISER, Defendant-Appellant. No. 94-30287. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 1, 1995. Decided Sept. 7, 1995. Before: WRIGHT, BOOCHEVER and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 William C. Fraiser, a Black man, appeals his sentence imposed under the Sentencing Guidelines following his conviction by guilty plea to possession of 49.5 grams of crack cocaine. He argues the 100-to-1 crack/powder cocaine sentencing ratio created by 21 U.S.C. Sec. 841 (b) and implemented by USSG Sec. 2D1.1 violates equal protection because it was enacted with the discriminatory intent of punishing Black drug offenders, who are more likely to possess crack, more severely than White drug offenders, who are more likely to possess powder cocaine. He also argues the sentencing distinction violates equal protection as applied because it is…