United States v. Marshall - Issues

1. Whether the Trial Court abused its discretion by permitting the Government, in its case-in-chief, to introduce evidence it had failed to disclose to Defense Counsel in violation of Fed. R. Crim. P. 16, and only made available to the defense mid-trial, after Counsel had committed himself to a litigation strategy the undisclosed documents were intended to defeat.
2. Whether the mandatory-minimum sentencing structure embodied in 21 U.S.C. ยง 841(b)(1) violates the Equal Protection Clause of the Fifth Amendment because Congress lacked a rational basis for imposing sentences on individuals convicted of selling crack cocaine that are 100 times as severe as sentences imposed on those convicted of selling powder cocaine, in the absence of evidence demonstrating that the former is a more dangerous form of the same drug?

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