IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40988
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH P. MITCHELL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-95-CR-133-1
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September 6, 1996
Before HIGGINBOTHAM, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Kenneth P. Mitchell appeals his conviction for possession
with intent to distribute cocaine base. The record is not devoid
of evidence that Mitchell intended to distribute the cocaine
base. United States v. Laury, 49 F.3d 145, 151 (5th Cir.), cert.
denied, 116 S. Ct. 162 (1995).
AFFIRMED.
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.