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    United States v. Armstrong

    Citation:
    517 U.S. 456, 116 S. Ct. 1480, 134 L.Ed.2d 687.

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      For three months in early 1992, agents from the Federal Bureau of Alcohol, Tobacco and Firearms, as well as the Narcotics Division of the Inglewood, California Police Department, infiltrated a suspected crack distribution ring through use of confidential informants. On seven separate occasions, the informants bought a total of 124.3 grams of crack from respondents and witnessed the respondents carrying firearms during the sales. When agents searched the hotel room where the sales were transacted, they found more crack and a loaded gun. The agents also arrested the respondents at that time. In April 1992, the respondents were indicted in United States Federal District Court in California for conspiring to possess with intent to distribute more than 50 grams of crack cocaine and conspiring to distribute the drugs.

      In response to the indictment, the respondents filed a motion for discovery or dismissal which included an affidavit “study” from a paralegal specialist with the Federal Public Defender showing that in similar cases in 1991 all defendants were black. After the motion was granted, and upon the Government’s motion for reconsideration, the respondents also submitted an affidavit from one of their attorneys that an intake coordinator at a drug treatment center advised her there were “an equal number of caucasian users and dealers to minority users and dealers.”  As well as another affidavit from a criminal defense attorney that stated, in his experience, many non-black individuals were prosecuted in state court for crack offenses.

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    Inchoate Crimes

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    United States v. Armstrong