United States v. Beafore

Per Curiam: Antwan Beafore pled guilty to conspiracy to distribute cocaine base (crack) and possess cocaine base with intent to distribute, 21 U.S.C.A. § 846 (West Supp. 1995), and also pled guilty to being a felon in possession of a firearm, 18 U.S.C.A. § 924(c) (West Supp. 1995). He was sentenced to 100 months imprisonment. Percy Lee Moore pled guilty to possession of 15.4 grams of cocaine base (crack) with intent to distribute, 21 U.S.C.A. § 841 (West 1981 & Supp. 1995). Both Beafore and Moore challenge the district court's refusal to find § 841 unconstitutionally ambiguous and to apply the rule of lenity by sentencing them under the lower penalties for cocaine offenses rather than the penalties for offenses involving cocaine base. Finding no error, we affirm the sentences.