United States v. Green ( 1995 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    __________________
    No. 95-10377
    Conference Calendar
    __________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    RONALD EARL GREEN,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:93-CR-204-D
    - - - - - - - - - -
    (October 19, 1995)
    Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
    PER CURIAM:*
    Ronald Earl Green argues that the disparity in the penalty
    provisions and sentencing guidelines applicable to crack cocaine
    and cocaine powder violates his equal protection and due process
    rights and constitutes cruel and unusual punishment under the
    Eighth Amendment.    The disparate sentencing provisions for crack
    cocaine and cocaine powder in the sentencing guidelines do not
    violate constitutional due process guarantees.    See United States
    *
    Local Rule 47.5 provides: "The publication of opinions
    that have no precedential value and merely decide particular
    cases on the basis of well-settled principles of law imposes
    needless expense on the public and burdens on the legal
    profession." Pursuant to that Rule, the court has determined
    that this opinion should not be published.
    No. 95-10377
    -2-
    v. Watson, 
    953 F.2d 895
    , 897 (5th Cir.), cert. denied, 
    504 U.S. 928
    (1992).   We have rejected the argument that the guidelines
    applicable to crack cocaine violate equal protection because they
    have a discriminatory effect on African-Americans.   
    Id. at 897-
    98.   We also have rejected an Eighth Amendment challenge to the
    disparity of the penalties imposed for crack cocaine.   See United
    States v. Fisher, 
    22 F.3d 574
    , 579-80 (5th Cir.), cert. denied,
    
    115 S. Ct. 529
    (1994).
    AFFIRMED.
    

Document Info

Docket Number: 95-10377

Filed Date: 10/12/1995

Precedential Status: Non-Precedential

Modified Date: 12/21/2014