IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30505
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARNOLD MALCOLM PILLETTE,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 95-CR-20067-02
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December 10, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Arnold Malcolm Pillette appeals his sentence for conspiracy
to possess cocaine base with intent to distribute and interstate
travel in aid of illegal activity. His argument that U.S.S.G.
§ 2D1.1(c), which provides that the penalty for cocaine base is
100 times higher than the penalty for cocaine powder, violates
the Equal Protection Clause is foreclosed. This court has
determined that the penalty scheme in § 2D1.1 is rationally
*
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that this opinion should not be published and is not precedent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.
No. 96-30505
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related to the legitimate government interest in protecting the
general welfare. See United States v. Wilson, 77 F.3d 105, 112
(5th Cir. 1996). Pillette’s new claim on appeal that the
Government did not prove by a preponderance of the evidence that
the cocaine base charged in the indictment was crack cocaine
within the meaning of § 2D1.1 is frivolous.
AFFIRMED.