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United States of America v. Ambrose Rayshawn Spires, Also Known As Ambrose Spries

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Submitted: September 21, 2010

Before BYE, BEAM, and SMITH, Circuit Judges.

A jury found Ambrose Rayshawn Spires, also known as Ambrose Spries, guilty of possession with intent to distribute 50 or more grams of cocaine base (“crack”), in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A), and conspiracy to distribute 50 or more grams of crack, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A). The jury found Spires not guilty of possession of a firearm in furtherance of the above drug trafficking crimes, 18 U.S.C. § 924(c), and possession of a firearm by a felon, 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Based on Spires’s two prior felony drug offenses, the district court*fn1 sentenced Spires to a mandatory term of life imprisonment pursuant to 21 U.S.C. § 841(b)(1)(A). Spires appeals his conviction, arguing that the district court erred in admitting certain evidence and in incorrectly instructing the jury. Spires also appeals his sentence, arguing that his life sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment and that the district court erred in denying his motion to continue the sentencing in light of pending legislation concerning the disparity between crack and powder cocaine offenses. We affirm.

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