Académique Documents
Professionnel Documents
Culture Documents
No. 08-4710
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley.
Thomas E. Johnston,
District Judge. (5:07-cr-00014-TEJ-1)
Submitted:
Decided:
PER CURIAM:
Barry Tunstalle pled guilty in 2007 to distributing
cocaine
base
(crack)
and
was
sentenced
within
the
guideline
On appeal,
See United
On
view
of
Tunstalles
criminal history.
relative
youth
and
relative
lack
of
because
the
statutory
sentencing
scheme
and
the
argues
that
our
prior
We affirm.
decisions
upholding
between
powder
cocaine
and
crack
offenses
lacks
rational
basis.
While
Kimbrough
challenging.
Circuit
has
not
call
into
question
the
disparity
he
is
constitutionality
of
its
own
841(b)
prior
in
decisions
case
where
upholding
the
the
appellant
court.
and
materials
therefore
legal
before
We
affirm
dispense
contentions
the
court
the
with
sentence
oral
imposed
argument
are
adequately
and
argument
by
the
because
the
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED