Citation Codes Equivalent Citations citation codes Docket Number Criminal No. JFM-04-0156, Civil No. JFM-08-2606. Judges J. Frederick Motz Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Federal Custody; Remedies On Motion Attacking Sentence See more information ... Smart Summary Please sign up to generate summary. UNITED STATES OF AMERICA v. ALAN SYLVESTER. MEMORANDUM FREDERICK MOTZ, District Judge Alan Sylvester has filed this motion under 28 U.S.C. § 2255 challenging the life sentence imposed upon him after he was convicted of conspiracy to possess with intent to distribute cocaine base. The ground for the motion is that the statutorily-mandated life sentence violates the due process and equal protection clause because when establishing the penalty Congress drew an irrational distinction between crack and powder cocaine. According to Sylvester, this irrational distinction has a disproportionate impact upon African-American defendants. I am not unsympathetic to Sylvester's argument that the statutory minimum of life for certain crack cocaine offenses is unwarranted. However, nothing in the Supreme Court's decisions in Kimbrough v. United States, 128 S.Ct. 558 (2007) or Gall v. United States, 128 S.Ct. 586 (2007), upon which he relies, provides a basis for the relief Sylvester seeks. Neither of those cases dealt with legislatively enacted statutory minimums. Moreover, Sylvester did not raise the alleged unconstitutionality of his sentence on direct appeal, and Kimbrough and Gall do not provide a basis for finding that his appellate counsel was ineffective in not raising the constitutional argument. A separate order denying Sylvester's motion is being entered herewith.