United States v. Green ( 1995 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-10377
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RONALD EARL GREEN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:93-CR-204-D
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(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that this opinion should not be published.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.