judicial criticism of the crack/powder disparity, as well as additional citations to Sentencing Commission reports and statements to Congress critical of the disparity. See also Simon, 361 F.Supp.2d 35. 27 . As previously mentioned, of course, the 10-year mandatory minimum sets the floor in this case. 28 . Montegio also received five additional years for the use of a gun, but this additional five years is not relevant for the comparison. 29 . The Government’s § 3553(e) motion in this case allowed the Court to impose a sentence below the statutory mandatory minimum. See 18 U.S.C. § 3553(e) ("Upon motion of the Government, the court shall have the authority to impose a sentence below a level established by statute as minimum sentence so as to reflect a defendant 33, 740 (1st Cir.1994) (<HOLDING>). 33 . It has been suggested by the Government
holding that crackpowder disparity was neither irrational nor racially motivated holding that designation is neither a sentence nor a punishment holding neither booker nor blakely can be applied retroactively holding that neither the ada nor the rehabilitation act applies to prison employment holding that where judgment was not entered the appeals period neither triggered nor expired