33 F.3d 57
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UNITED STATES OF AMERICA, Appellee,
v.
Osker McNEAL, Appellant.
No. 94-1614.
United States Court of Appeals,
Eighth Circuit.
Submitted: August 9, 1994.
Filed: August 12, 1994.
Before WOLLMAN, BEAM, and HANSEN, Circuit Judges.
PER CURIAM.
Osker McNeal appeals his 211-month sentence imposed by the district court1 after he pleaded guilty to possessing with intent to distribute crack cocaine and using a firearm in relation to a drug trafficking crime, in violation of 21 U.S.C. Sec. 841(a)(1) and (b)(1)(A)(iii) and 18 U.S.C. Sec. 924(c)(1). We affirm.
On appeal, McNeal argues the district court erred in not conducting a hearing regarding the nature and extent of his cooperation to determine whether a downward departure was warranted and that a U.S.S.G. Sec. 5K1.1 government motion was not necessary to depart downward. He also challenges the constitutionality of the 100-to-1 ratio between crack cocaine and cocaine penalties.
McNeal's claims are meritless. It is now well settled that a "court is without authority to grant a downward departure for substantial assistance absent a government motion." United States v. Kelly, 18 F.3d 612, 617 (8th Cir. 1994). We have recently reaffirmed that the 100-to-1 ratio between cocaine and crack cocaine does not deny equal protection of the law. United States v. Maxwell, Nos. 93-2990/2992/3053/3057/3183, slip op. at 12-13, 20-22 (8th Cir. May 26, 1994).
Accordingly, the judgment is affirmed.
The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri