37 F.3d 1503
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UNITED STATES of America, Appellee,
v.
Andy CONARD, Jr., Appellant.
No. 94-1752.
United States Court of Appeals,
Eighth Circuit.
Submitted: September 30, 1994.
Filed: October 7, 1994.
Before WOLLMAN, BEAM, and HANSEN, Circuit Judges.
PER CURIAM.
Andy Conard, Jr., appeals the 170-month sentence imposed by the district court1 after a jury convicted him of conspiring to distribute crack cocaine, aiding and abetting the distribution of crack cocaine, and using a firearm in relation to a drug trafficking offense, in violation of 21 U.S.C. Secs. 841(a)(1), (b)(1)(A), (b)(1)(C) and 846, and 18 U.S.C. Secs. 2 and 924(c)(1).
On appeal, Conard argues only that the 100-to-1 ratio between powdered and crack cocaine penalties violates the Equal Protection Clause, citing United States v. Clary, 846 F. Supp. 768, 796-97 (E.D. Mo. 1994). We have recently decided the Clary appeal, rejecting the theory that Congress was motivated by unconscious racism and reaffirming our prior holding that the 100-to-1 ratio does not deny equal protection. United States v. Clary, No. 94-1422, slip op. at 4-10 (8th Cir. Sept. 12, 1994); see also United States v. Maxwell, 25 F.3d 1389, 1396-97, 1401 (8th Cir. 1994).
Accordingly, the judgment is affirmed.
The Honorable Howard F. Sachs, Senior United States District Judge for the Western District of Missouri