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U.S. v. Smart, No. 95-3056 (D.C. Cir.) (98 F.3d 1379) (November 1, 1996) (Judge Patricia M. Wald)

Citing prior decisions, the court held that Congress's and the Commission's actions do not give the district judge any power to depart from the Sentencing Guidelines based on the disparity between powdered cocaine and crack cocaine.

 

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