United States v. Clary

Clary (defendant) was convicted of possessing cocaine base ('crack') with intent to distribute under federal sentencing guidelines that treated 50 grams of crack the same as 5,000 grams of powder cocaine, both triggering a 10-year minimum sentence, based on Congress's view that crack was more potent, addictive, and cheaply available. In practice, roughly 92.6% of those convicted of crack possession were Black, while a similar percentage of those convicted of powder cocaine possession were white. The district court struck down the guidelines as discriminatory, relying partly on the concept of 'unconscious racism,' and the government appealed.