United States v. Henry Lee Carter, Also Known as Henry Lo Carter, Also Known as Prince Carter, 91 F.3d 1196 (8th Cir. 1996). · Go Syfert
United States v. Henry Lee Carter, Also Known as Henry Lo Carter, Also Known as Prince Carter, 91 F.3d 1196 (8th Cir. 1996). Cases Citing This Book View Copy Cite
47 citation events (10 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Devon J. Bradford (ca8, 2001-04-13)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 36 distinct citers.
cited Cited as authority (rule) ca8 2001
8th Cir. · 2001 · confidence medium
See, e.g., United States v. Bass, 121 F.3d 1218, 1222-23 (8th Cir. 1997); United States v. Carter, 91 F.3d 1196, 1198 (8th Cir. 1996) (per curiam).
discussed Cited as authority (rule) United States v. Devon J. Bradford (2×)
8th Cir. · 2001 · confidence medium
See, e.g., United States v. Bass, 121 F.3d 1218, 1222-23 (8th Cir. 1997); United States v. Carter, 91 F.3d 1196, 1198 (8th Cir. 1996) (per curiam).
discussed Cited as authority (rule) United States v. William Cooley
8th Cir. · 1998 · confidence medium
Congress has not changed the law, however, and Cooley's challenge is foreclosed by our decisions upholding the constitutionality of the 100-to-1 ratio, see, e.g., United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir. 1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir. 1995), cert. denied, 517 U.S. 1192 (1996).
cited Cited as authority (rule) United States v. Gina Lee Patton
8th Cir. · 1998 · confidence medium
Patton's contention, however, is foreclosed by our decision in United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir. 1996).
cited Cited as authority (rule) United States v. Gina Lee Patton
8th Cir. · 1998 · confidence medium
Patton's contention, however, is foreclosed by our decision in United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir.1996).
discussed Cited as authority (rule) United States v. Steven Crockett
8th Cir. · 1998 · confidence medium
We thus agree with the government that Crockett's challenge is foreclosed by our prior decisions upholding the constitutionality of the 100-to-1 ratio, see, e.g., United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir.1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir.1995), cert. denied, 517 U.S. 1192 , 116 S.Ct. 1684 , 134 L.Ed.2d 785 (1996), and that we may not overrule those decisions, see United States v. Prior, 107 F.3d 654, 660 (8th Cir.) (one Eighth Circuit panel may not overrule another panel's decision), cert. denied, --- U.S. ----, 118 S.Ct. 84 , 139 L.Ed.2d …
discussed Cited as authority (rule) United States v. Steven Crockett
8th Cir. · 1998 · confidence medium
We thus agree with the government that Crockett&s challenge is foreclosed by our prior decisions upholding the constitutionality of the 100-to-1 ratio, see, e.g., United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir. 1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir. 1995), cert. denied, 116 S. Ct. 1684 (1996), and that we may not overrule those decisions, see United States v. Prior, 107 F.3d 654, 660 (8th Cir.) (one Eighth Circuit panel may not overrule another panel&s decision), cert. denied, 118 S. Ct. 84 (1997).
discussed Cited as authority (rule) United States v. Joe Willis Higgins, United States of America v. James Dewey Hambrick
8th Cir. · 1998 · confidence medium
This challenge is foreclosed by our prior decisions upholding the constitutionality of the 100-to-1 ratio, see, e.g., United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir.1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir.1995), cert. denied, 517 U.S. 1192 , 116 S.Ct. 1684 , 134 L.Ed.2d 785 (1996), and we are bound by those rulings, see United States v. Prior, 107 F.3d 654, 660 (8th Cir.) (one Eighth Circuit panel may not overrule another panel's decision), cert. denied, --- U.S. ----, 118 S.Ct. 84 , 139 L.Ed.2d 41 (1997). 3 Hambrick challenges his conviction on the b…
discussed Cited as authority (rule) United States v. Joe Willis Higgins
8th Cir. · 1998 · confidence medium
This challenge is foreclosed by our prior decisions upholding the constitutionality of the 100-to-1 ratio, see, e.g., United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir. 1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir. 1995), cert. denied, 116 S. Ct. 1684 (1996), and we are bound by those rulings, see United States v. Prior, 107 F.3d 654, 660 (8th Cir.) (one Eighth Circuit panel may not overrule another panel&s decision), cert. denied, 118 S. Ct. 84 (1997).
discussed Cited as authority (rule) United States v. Errol Eugene Washington (2×)
6th Cir. · 1997 · confidence medium
United States v. Jackson, 84 F.3d 1154, 1161 (9th Cir.), cert. denied, — U.S. -, 117 S.Ct. 445 , 136 L.Ed.2d 341 (1996) (“We do not agree that the Commission’s report, or Congress’s decision to reject it, affects the precedential value of our ruling that Congress had a rational basis for the 100:1 ratio.”); United States v. Carter, 91 F.3d 1196, 1198-99 (8th Cir.1996) (Congress did not act with discriminatory purpose in rejecting Sentencing Commission’s proposed amendment; instead, the rejection was rationally related to a legitimate government purpose); United States v. Teague, 93…
discussed Cited as authority (rule) United States v. Andy Lawuary
8th Cir. · 1996 · confidence medium
Lawuary argues that the 100-to-1 ratio has a disproportionate adverse effect on African-Americans; Congress's rejection of the Sentencing Commission's proposed amendment to the Sentencing Guidelines--which would have eliminated the 100-to-1 ratio and equalized the penalties for crack and powder cocaine--evidences a discriminatory purpose on Congress's part in maintaining the penalty scheme; and, thus, continued application of the scheme violates his Fifth Amendment equal protection and due process rights. 3 We recently rejected similar arguments in United States v. Carter, 91 F.3d 1196, 1198-9…
discussed Cited as authority (rule) United States v. Maurice Safford, Also Known as Maurice Smith
8th Cir. · 1996 · confidence medium
Safford argues that the 100-to-1 ratio has a disproportionate adverse effect on African-Americans; Congress's rejection of the Sentencing Commission's proposed amendment to the Sentencing Guidelines--which would have eliminated the 100-to-1 ratio and equalized the penalties for crack and powder cocaine--evidences a discriminatory purpose on Congress's part in maintaining the penalty scheme; and, thus, continued application of the scheme violates his Fifth Amendment equal protection and due process rights. 3 We recently rejected similar arguments in United States v. Carter, 91 F.3d 1196, 1198-9…
cited Cited as authority (rule) United States v. Andy Lawuary
8th Cir. · 1996 · confidence medium
We recently rejected similar arguments in United States v. Carter, 91 F.3d 1196, 1198-99 (8th Cir. 1996) (per curiam).
cited Cited as authority (rule) United States v. Maurice Safford
8th Cir. · 1996 · confidence medium
We recently rejected similar arguments in United States v. Carter, 91 F.3d 1196, 1198-99 (8th Cir. 1996) (per curiam).
cited Cited as authority (rule) United States v. Scipio Clark
8th Cir. · 1996 · confidence medium
We recently rejected similar arguments in United States v. Carter, 91 F.3d 1196, 1198-99 (8th Cir. 1996) (per curiam).
discussed Cited as authority (rule) United States v. Scipio M. Clark
8th Cir. · 1996 · confidence medium
Clark argues that the 100-to-1 ratio has a disproportionate adverse effect on African-Americans; Congress's rejection of the Sentencing Commission's proposed amendment to the Sentencing Guidelines--which would have eliminated the 100-to-1 ratio and equalized the penalties for crack and powder cocaine--evidences a discriminatory purpose on Congress's part in maintaining the penalty scheme; and, thus, continued application of the scheme violates his Fifth Amendment equal protection and due process rights. 3 We recently rejected similar arguments in United States v. Carter, 91 F.3d 1196, 1198-99 …
discussed Cited as authority (rule) United States v. William Sellers
8th Cir. · 1996 · confidence medium
Sellers also contends the district court erred in not departing downward under 18 U.S.C. § 3553 (b) and U.S.S.G. § 5K2.0, based on the Commission's conclusion that the 100-to-1 ratio was not justified. 3 We recently rejected similar arguments in United States v. Carter, 91 F.3d 1196, 1198-99 (8th Cir.1996) (per curiam) (equal protection and due process challenges), and in United States v. Lewis, 90 F.3d 302 , 304-06 (8th Cir.1996) (downward-departure challenge). 4 Accordingly, the judgment of the district court is affirmed. 1 The Honorable Richard G.
discussed Cited as authority (rule) United States v. William Sellers
8th Cir. · 1996 · confidence medium
We recently rejected similar arguments in United States v. Carter, 91 F.3d 1196, 1198-99 (8th Cir. 1996) (per curiam) (equal protection and due process challenges), and in United States v. Lewis, 90 F.3d 302 , 304-06 (8th Cir. 1996) (downward-departure challenge).
discussed Cited "see" Williams, Milton Veran (2×)
Tex. App. · 2015 · signal: see · confidence high
See United States v. Johnson, 108 F.3d 919, 922 (8th Cir1997) (citing United States v. Carter, 91 F.3d 1196 (8th_Cir.l996); United States, v. Smith, 82 F.3d 241, 244 (8th'Cir.l996), cert. denied, 5' 19 U.S. 856 , 117 S; Ct. 154, 136 L.Ed.2d 99 (1996)).
cited Cited "see" United States v. Bryant Lockett
6th Cir. · 2009 · signal: accord · confidence high
Accord United States v. Carter, 91 F.3d 1196 (8th Cir.1996) (absent a showing that Congress acted with a discriminatory purpose, the 100-to-one ratio did not violate equal protection).
cited Cited "see" United States v. Damon Burse
8th Cir. · 2004 · signal: see · confidence high
See United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir.1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir.1995).
discussed Cited "see" United States v. Pablo Stallings
8th Cir. · 2002 · signal: see · confidence high
See United States v. Johnson, 108 F.3d 919, 922 (8th Cir. 1997) (citing United States v. Carter, 91 F.3d 1196 (8th Cir. 1996); United States v. Smith, 82 F.3d 241, 244 (8th Cir. 1996), cert. denied, 519 U.S. 856 (1996)).
discussed Cited "see" United States v. Pablo Stallings
8th Cir. · 2002 · signal: see · confidence high
See United States v. Johnson, 108 F.3d 919, 922 (8th Cir.1997) (citing United States v. Carter, 91 F.3d 1196 (8th Cir.1996); United States v. Smith, 82 F.3d 241, 244 (8th Cir.1996), cert. denied, 519 U.S. 856 , 117 S.Ct. 154 , 136 L.Ed.2d 99 (1996)).
cited Cited "see" Henry Lo Carter v. United States
8th Cir. · 2001 · signal: see · confidence high
See United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir.1996) (per curiam).
discussed Cited "see" United States v. Willie Simpson
8th Cir. · 1997 · signal: see · confidence high
See United States v. Carter, 91 F.3d 1196, 1198-99 (8th cir.1996) (per curiam). 5 After reviewing the record in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), we have found no nonfrivolous issues. 6 Accordingly, the judgment is affirmed.
cited Cited "see" United States v. Willie Simpson
8th Cir. · 1997 · signal: see · confidence high
See United States v. Carter, 91 F.3d 1196, 1198-99 (8th cir. 1996) (per curiam).
cited Cited "see" United States v. Reginald Johnson
8th Cir. · 1997 · signal: see · confidence high
See United States v. Carter, 91 F.3d 1196 (8th Cir.1996); United States v. Smith, 82 F.3d 241, 244 (8th Cir.), cert. denied, - U.S. -, 117 S.Ct. 154 , 136 L.Ed.2d 99 (1996).
cited Cited "see" United States v. Reginald Johnson
8th Cir. · 1997 · signal: see · confidence high
See United States v. Carter, 91 F.3d 1196 (8th Cir. 1996); United States v. Smith, 82 F.3d 241, 244 (8th Cir.), cert. denied, 117 S. Ct. 154 (1996).
discussed Cited "see" United States v. Edward J. Clary
8th Cir. · 1996 · signal: see · confidence high
See United States v. Carter, No. 96-1329, 1996 WL 453275 , at *2-*3 (8th Cir. Aug. 13, 1996) (per curiam) (equal protection); United States v. Crawford, 83 F.3d 964, 965-66 (8th Cir. 1996) (rule of lenity), petition for cert. filed, (U.S. Aug. 9, 1996) (No. 96-5557). 1 The Honorable Jean C.
discussed Cited "see" United States v. Edward James Clary
8th Cir. · 1996 · signal: see · confidence high
See United States v. Carter, No. 96-1329, 1996 WL 453275 , at * 2-* 3 (8th Cir. Aug. 13, 1996) (per curiam) (equal protection); United States v. Crawford, 83 F.3d 964, 965-66 (8th Cir.1996) (rule of lenity), petition for cert. filed, (U.S. Aug. 9, 1996) (No. 96-5557). 5 We next conclude the district court did not clearly err in denying Clary an acceptance-of-responsibility reduction, as he did not show he "clearly demonstrate[d] a recognition and affirmative acceptance of personal responsibility for his criminal conduct." See U.S.S.G. § 3E1.1(a); United States v. Thomas, 72 F.3d 92, 93 (8th C…
discussed Cited "see, e.g." United States v. Eddie Williams, Jr.
8th Cir. · 1998 · signal: see, e.g. · confidence medium
See, e.g., United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir.1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir.1995), cert. denied, 517 U.S. 1192 , 116 S.Ct. 1684 , 134 L.Ed.2d 785 (1996); see also United States v. Jackson, 64 F.3d 1213, 1220 (8th Cir.1995) (rejecting challenge based on rule of lenity), cert. denied, 516 U.S. 1137 , 116 S.Ct. 966 , 133 L.Ed.2d 887 (1996).
discussed Cited "see, e.g." United States v. Eddie Williams
8th Cir. · 1998 · signal: see, e.g. · confidence medium
See, e.g., United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir. 1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir. 1995), cert. denied, 517 U.S. 1192 (1996); see also United States v. Jackson, 64 F.3d 1213, 1220 (8th Cir. 1995) (rejecting challenge based on rule of lenity), cert. denied, 516 U.S. 1137 (1996).
discussed Cited "see, e.g." United States v. Roland Rogers
8th Cir. · 1998 · signal: see, e.g. · confidence medium
See, e.g., United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir.1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir.1995), cert. denied, 116 S.Ct. 1684 (1996). 2 Accordingly, we affirm the judgment of the district court. 3 A true copy. 1 The Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of Missouri
cited Cited "see, e.g." United States v. Roland Rogers
8th Cir. · 1998 · signal: see, e.g. · confidence medium
See, e.g., United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir. 1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir. 1995), cert. denied, 116 S. Ct. 1684 (1996).
discussed Cited "see, e.g." United States v. Alvin J. Johnson, Also Known as Albert Johnson
8th Cir. · 1997 · signal: see, e.g. · confidence medium
See, e.g., United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir.1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir.1995), cert. denied, 116 S.Ct. 1684 (1996); see also United States v. Jackson, 64 F.3d 1213, 1220 (8th Cir.1995) (rejecting challenge based on rule of lenity), cert. denied, 116 S.Ct. 966 (1996). 2 Accordingly, we affirm Johnson's sentence.
discussed Cited "see, e.g." United States v. Alvin J. Johnson
8th Cir. · 1997 · signal: see, e.g. · confidence medium
See, e.g., United States v. Carter, 91 F.3d 1196, 1197-99 (8th Cir. 1996) (per curiam); United States v. Jackson, 67 F.3d 1359, 1367 (8th Cir. 1995), cert. denied, 116 S. Ct. 1684 (1996); see also United States v. Jackson, 64 F.3d 1213, 1220 (8th Cir. 1995) (rejecting challenge based on rule of lenity), cert. denied, 116 S. Ct. 966 (1996).
UNITED STATES of America, Appellee,
v.
Henry Lee CARTER, Also Known as Henry Lo Carter, Also Known as Prince Carter, Appellant
96-1329.
Court of Appeals for the Eighth Circuit.
Aug 13, 1996.
91 F.3d 1196
Earl P. Gray, Lisa D. Lodin, St. Paul, MN, for appellant., Richard Newberry, Minneapolis, MN, for appellee.
Fagg, Bowman, Hansen.
Cited by 48 opinions  |  Published
PER CURIAM.

Henry Lee Carter appeals the 210-month sentence imposed by the district court [1] after he pleaded guilty to possessing cocaine base (crack) with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We affirm.

At sentencing, Carter, an African-American, objected to his offense-level calculation, which was derived from the penalty scheme set forth in 21 U.S.C. § 841(b)(1), providing the same penalties for given amounts of crack and 100 times greater amounts of powder cocaine (“the 100-to-l ratio”). Carter’s objection was premised on Congress’s rejection of a proposed amendment to the Sentencing Guidelines — Amendment 5 — which would have eliminated the 100-to-l ratio and equalized the penalties for crack and powder cocaine. Carter argued the 100-to-l ratio had a disproportionate adverse effect on African-Americans, Congress’s rejection of Amendment 5 evidenced a discriminatory purpose on Congress’s part in maintaining the penalty scheme, and thus, continued application of the penalty scheme violated his Fifth Amendment equal protection and due process rights. Carter also sought a downward departure under 18 U.S.C. § 3553(b) and U.S.S.G. § 5K2.0, because the Sentencing Commission had concluded the 100-to-l ratio was not justified. The district court overruled Carter’s objection and denied his downward-departure request, and he appeals.

We review de novo Carter’s equal protection challenge. See United States v. McMurray, 34 F.3d 1405, 1413 (8th Cir.1994), ce rt. denied, — U.S.-, 115 S.Ct. 1164, 130 L.Ed.2d 1119 (1995). A statute not involving a suspect class or a fundamental right enjoys a strong presumption of validity, and will survive an equal protection ehal-[*1198] lenge if it is rationally related to a legitimate governmental purpose. Independent Charities of Am., Inc. v. State of Minn., 82 F.3d 791, 797 (8th Cir.1996); United States v. House, 939 F.2d 659, 664 (8th Cir.1991). When a race-neutral statute is challenged on the ground that it has a disproportionate adverse effect upon racial minorities, we must determine if the adverse effect “reflects invidious [race]-based discrimination.” See Personnel Adm’r of Mass. v. Feeney, 442 U.S. 256, 274, 99 S.Ct. 2282, 2293, 60 L.Ed.2d 870 (1979). As applied here then, the disproportionate adverse effect occasioned by section 841(b)(1) on African-Americans violates the Constitution’s guarantee of equal protection only if the impact can be traced to a discriminatory purpose on Congress’s part in rejecting Amendment 5. See id. at 272, 99 S.Ct. at 2292. While impact and inevitability or foreseeability of the consequences of rejecting Amendment 5 are not irrelevant to the issue of discriminatory intent, discriminatory purpose requires a finding that Congress reaffirmed section 841(b)(1) “at least in part ‘because of,’ not merely ‘in spite of,’ ” its adverse effect on African-Americans. See id. at 274, 279, 99 S.Ct. at 2293, 2296; accord United States v. Clary, 34 F.3d 709, 712 (8th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1172, 130 L.Ed.2d 1126 (1995).

In its report to Congress on the differing penalties for crack and powder cocaine, the Sentencing Commission expressed concern, among other things, about the effect the 100-to-l ratio had on African-Americans. U.S. Sentencing Commission, Special Report to the Congress: Cocaine and Federal Sentencing Policy, xi-xii (Feb.1995). Although unanimous in its belief that the 100-to-l ratio was inappropriate, the Sentencing Commission split four-to-three as to the appropriate ratio, the majority concluding the base sentence for crack and powder cocaine should be the same, i.e., a one-to-one ratio, and the minority declining to endorse such a ratio; one of the dissenters suggested a five-to-one ratio might be appropriate. Absent congressional action, Amendment 5 would have become law on November 1, 1995. See 28 U.S.C. § 994(p). Prior to that, however, the President signed a bill passed by Congress which disapproved Amendment 5. Federal Sentencing Guidelines, Amendment, Disapproval, Pub.L. No. 104-38, 109 Stat. 334 (1995). In connection with that legislation, Congress directed the Sentencing Commission to submit recommendations regarding changes to the statutes and Sentencing Guidelines governing cocaine-related offenses. The recommendations, Congress said, must reflect, inter alia, that sentences for trafficking in a given quantity of crack should generally exceed the sentence for trafficking in a like amount of powder cocaine, and must propose revision of the current ratio “in a manner consistent with the ratios set for other drugs.” Id., 109 Stat. 334-35.

We conclude Carter has not shown that Congress rejected amendment 5 or that the President approved the bill because they wanted to impose a disproportionate adverse effect on African-Americans. See McCleskey v. Kemp, 481 U.S. 279, 298-99, 107 S.Ct. 1756, 1770-71, 95 L.Ed.2d 262 (1987); Feeney, 442 U.S. at 279, 99 S.Ct. at 2296. Looking, as we must, to other sources of circumstantial and direct evidence of intent, such as the historical background of Congress’s decision, the specific sequence of events preceding the decision, departures from the normal procedural sequence, substantive departures, and legislative or administrative history, we conclude that none of these sources provides sufficient evidence that Congress acted with a discriminatory purpose in rejecting Amendment 5. See Village of Arlington Heights v. Metropolitan Hous. Dev. Corp., 429 U.S. 252, 266-68, 97 S.Ct. 555, 563-65, 50 L.Ed.2d 450 (1977). Of particular significance, we note that we have previously determined that Congress did not act with a discriminatory purpose in enacting section 841(b)(1), and that legitimate reasons existed for Congress’s initial adoption of the statute. See, e.g., Clary, 34 F.3d at 713-14; United States v. Johnson, 28 F.3d 1487, 1493-94 (8th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 768, 130 L.Ed.2d 664, - U.S. -, 115 S.Ct. 1263, 131 L.Ed.2d 142 (1995); United States v. Buckner, 894 F.2d 975, 978-80 (8th Cir.1990) (involving substantive due process challenge to § 841(b)(1)). The fact that Congress has seldom, if ever, rejected a[*1199] proposed amendment before rejecting Amendment 5 does not mean that Congress departed from the normal procedural sequence utilized in amending the Guidelines. See 28 U.S.C. § 994(p) (specifically permitting Congress to disapprove proposed amendment).

We conclude that Carter has failed to sustain his burden of negating every conceivable basis of support for Congress’s statutory rejection of Amendment 5. See Independent Charities, 82 F.3d at 797 (discussing burden). We further conclude that Congress’s rejection of Amendment 5 and its direction that the Commission continue studying the problem were rationally related to a legitimate government purpose, namely, determining a more appropriate punishment for crack offenses than the existing ratio or the ratio proposed by the Commission majority. Cf. United States v. Jackson, 84 F.3d 1154, 1161 (9th Cir.1996) (concluding that neither Commission’s report, nor Congress’s rejection of Amendment 5, affects precedential value of court’s ruling that Congress had rational basis for 100-to-l ratio, and that Congress’s enactment of ratio was rational notwithstanding that it differs from Commission’s current recommendation).

Finally, we conclude Carter’s downward-departure argument is foreclosed by United States v. Lewis, 90 F.3d 302, 304-06 (8th Cir.1996).

Accordingly, the judgment of the district court is affirmed.

1

. The Honorable Michael J. Davis, United States District Judge for the District of Minnesota.