IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-20585
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
OTIS GEORGE BRADEN,
Defendant-Appellant.
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Appeal from the United States District Court for the
Southern District of Texas
USDC No. H-95-CR-255
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April 11, 1997
Before KING, JOLLY, and DENNIS, Circuit Judges.
PER CURIAM:*
Otis George Braden appeals his guilty plea conviction and
sentence for possession with intent to distribute cocaine base.
Braden’s unconditional guilty plea bars him from challenging the
district court’s ruling on his pretrial discovery motion. See
United States v. Smallwood, 920 F.2d 1231, 1240 (5th Cir. 1991).
Furthermore, the district court did not commit plain error by
failing to find that sentencing guideline and statutory provisions
*
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this opinion should not be published and is not precedent except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.
relating to the carrying of a weapon during an offense were
unconstitutional. See United States v. Owens, 996 F.2d 59, 61 (5th
Cir. 1993). Finally, the court did not commit plain error in
refusing to make a downward departure from the sentencing
guidelines based upon the fact that Braden’s behavior was
“aberrant.” See United States v. Burleson, 22 F.3d 93, 95 (5th
Cir. 1994).
A F F I R M E D.
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