United States v. Scott

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

No. 95-30330 Summary Calendar _______________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

BRIAN KEITH SCOTT,

Defendant-Appellant.

_________________________

Appeal from the United States District Court for the Middle District of Louisiana (94-84) _________________________

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 R. 47.5, the court has determined that this opinion should not be published except under the limited circumstances set forth in 5TH CIR.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curiam) (unpublished); United Stztes v. Lewis, No. 95-60131 (5th

Cir. Oct. 19. 1995) (per curiam) (unpublished); United States v.

Lampkin, No. 95-30131 (5th Cir. Aug. 25, 1995) (unpublished).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.