IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-30330
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
BRIAN KEITH SCOTT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
(94-84)
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June 27, 1996
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Brian Scott challenges his sentence for possession with intent
to distribute cocaine base. He argues that the statutory penalties
for cocaine base and cocaine offenses are sufficiently ambiguous as
to warrant the application of the rule of lenity. We have recently
decided this issue adversely to Scott’s contentions. See, e.g.,
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published except under the limited circumstances set forth
in 5TH CIR. R. 47.5.4.
United States v. Martin, No. 95-30335 (5th Cir. Feb. 5, 1996) (per
curiam) (unpublished); United Stztes v. Lewis, No. 95-60131 (5th
Cir. Oct. 19. 1995) (per curiam) (unpublished); United States v.
Lampkin, No. 95-30131 (5th Cir. Aug. 25, 1995) (unpublished).
AFFIRMED.
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