However, with legal support from the NAACP and the ACLU, federal public defender Barbara O'Connor charged that the defendants in the case, who are all black, were targeted for prosecution in federal courts, instead of more lenient state courts, because of their race. O'Connor's client, Shelton Martin (a.k.a. "Psycho"), faces 35 years to life in federal prison; in the California state system, he would face only three to ten years.
The case has now gone on to the Supreme Court, which will decide under what circumstances prosecutors must account for the high proportion of blacks being charged with crack-cocaine trafficking in federal court. Since a previous Ninth Circuit ruling favorable to the defense, over a hundred other defendants sued, alleging discrimination.