IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50780
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRENCE MOUTON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-95-CR-256-1
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July 7, 1997
Before HIGGINBOTHAM, JONES and DeMOSS, Circuit Judges.
PER CURIAM:*
Terrence Mouton appeals his bench trial conviction for
possession with intent to distribute cocaine base, in violation
of 21 U.S.C. § 841(a)(1), and use and carrying of a firearm
during and in relation to a drug trafficking crime, in violation
of 18 U.S.C. § 924(c)(1). Substantial evidence supports the
trial court’s finding, beyond a reasonable doubt, that Mouton
carried a firearm during and in relation to a drug trafficking
*
Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
No. 96-50780
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offense. See United States v. Fike, 82 F.3d 1315, 1328 (5th Cir.
1996), cert. denied, 117 S. Ct. 241 (1996). The district court
did not err in not suppressing evidence. See Arizona v. Hicks,
480 U.S. 321, 326 (1987); Horton v. California, 496 U.S. 128,
136-37 (1990). The disparity in sentencing between powdered
cocaine and cocaine base does not violate the equal protection
clause or due process. See United States v. Cherry, 50 F.3d 338,
344 (5th Cir. 1995).
AFFIRMED.