IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40929
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID MEEKS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:96-CR-26-1
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February 11, 1998
Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM:*
David Meeks appeals his sentence following his guilty-plea
conviction for possession with the intent to distribute crack
cocaine. He argues that the disparate sentencing provisions for
crack cocaine and cocain powder contained in the Sentencing
Guidelines offend the Equal Protection and Due Process Clauses of
the Constitution.
*
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that this opinion should not be published and is not precedent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. 97-40929
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We have reviewed the record and the briefs of the parties
and find no reversible error in Meeks’s sentence. See United
States v. Meeks, No. 6:96CR00026-001 (E.D. Tex. July 29, 1997).
Because Meeks’s argument of error is wholly without merit, this
appeal is frivolous and is DISMISSED. See Howard v. King, 707
F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2.