On September 30, 2011, the Second Circuit Court of Appeals affirmed the conviction and sentence. See United States v. Deas, 452 F. App'x 12, 2011 WL 4508498, at *14-15 (2d Cir. 2011). Specifically, the Second Circuit rejected Deas' pro se supplemental arguments that the disparate statutory penalties for cocaine and cocaine base are arbitrary and capricious.

United States v. Gabriel, 599 F. App'x 407, 408 (2d Cir. 2015) (citing 21 U.S.C. § 851(e) ("No person who stands convicted of an offense under this part may challenge the validity of any prior conviction alleged under this section which occurred more than five years before the date of the information alleging such prior conviction.")); see also United States v. Deas, 452 F. App'x 12, 15 (2d Cir. 2011) (noting that 21 U.S.C. § 851(e) "bar[s] a defendant from challenging the validity of any prior conviction used to enhance a sentence under § 851 if that conviction occurred more than five years before the date of the information alleging the conviction"). Nevertheless, this Court addresses each of Petitioner's arguments below.

On December 16, 2009, Deas was sentenced to 240 months of imprisonment on each count of conviction, to be served concurrently. (doc. 809) Deas timely appealed the judgment on December 29, 2009 (doc. 814), which appeal was rejected by the Second Circuit by summary order on October 24, 2011. See United States v. Deas, 452 F. App'x 12, 2011 WL 4508498, at *14-15 (2d Cir. 2011). Deas then filed a petition for writ of certiorari with the United States Supreme Court, which was denied on January 9, 2012.