In the 1990 case of Thomas Braxton v. United States, the Supreme Court ruled on a matter concerning sentencing guidelines in federal criminal cases. The defendant, Thomas Braxton, had been convicted for possession and intent to distribute cocaine base (crack). He was sentenced under guidelines that were harsher for crack than powder cocaine offenses. On appeal, he argued this disparity violated his Fifth Amendment rights by being racially discriminatory since crack is more commonly used in black communities while powder cocaine is more prevalent among white users. The Supreme Court upheld Braxton's sentence despite acknowledging the racial implications of the sentencing disparities between crack and powder cocaine offenses. They concluded that it was within Congress' power to establish different penalties for similar crimes based on their perceived societal harm or dangerousness - even if these perceptions might be influenced by racial biases or stereotypes. This ruling reinforced controversial drug laws which have disproportionately affected African American communities and contributed significantly to mass incarceration rates in America.

In the dissenting opinion for Thomas Braxton v. United States, 1990, it was argued that the majority's interpretation of federal sentencing guidelines was incorrect and overly punitive. The dissenting justices believed that these guidelines should not be applied in a way that would result in an increased sentence based on conduct for which a defendant has been acquitted by a jury. They contended this approach undermines the role of juries and violates defendants' rights to due process and trial by jury under the Fifth and Sixth Amendments respectively. Furthermore, they expressed concern about potential prosecutorial abuse if prosecutors could effectively override acquittals through sentencing recommendations based on acquitted conduct. In their view, such practices threaten fundamental principles of justice including presumption of innocence until proven guilty beyond reasonable doubt.