United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 22, 2007
Charles R. Fulbruge III
Clerk
No. 06-50827
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
J. C. STOCKTON, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:06-CR-55-1
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Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.
PER CURIAM:*
J. C. Stockton, Jr., appeals the 120-month sentence imposed
following his guilty-plea convictions for conspiracy to possess
with intent to distribute cocaine base and possession with intent
to distribute cocaine base. He argues for the first time on
appeal that the guidelines sentence imposed was unreasonable
because the district court failed to take into account the
disparate way that crack cocaine and powder cocaine are treated
by the United States Sentencing Guidelines. He also argues for
*
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this opinion should not be published and is not precedent except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. 06-50827
-2-
the first time on appeal that his trial counsel was ineffective
for failing to raise that issue at sentencing.
Stockton has not demonstrated that the district court
plainly erred by imposing an unreasonable sentence. See United
States v. Mares, 402 F.3d 511, 518-19, 520 (5th Cir. 2005). We
have previously rejected arguments challenging the disparity in
the penalties for offenses involving powder and crack cocaine,
which are mandated by Congress. See, e.g., United States v.
Wilson, 77 F.3d 105, 112 (5th Cir. 1996).
We decline to review Stockton’s ineffective assistance claim
in this direct appeal. See United States v. Higdon, 832 F.2d
312, 313-14 (5th Cir. 1987).
AFFIRMED.