United States v. Bickens

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10515
Conference Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee,
versus
ANDRE BICKENS, also known as Damion Henderson,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:98-CR-68-1-Y
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February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Andre Bickens appeals his conviction and sentence after he
pleaded guilty to possession with intent to distribute crack
cocaine and to possession of a firearm during a drug offense.
Bickens argues that the Sentencing Guidelines, which establish
heavier penalties for cocaine base offenses than for powder
cocaine offenses, are unconstitutional. Because this court has
repeatedly rejected this argument, see United States v. Fonts, 95
F.3d 372, 374 (5th Cir. 1996), Bickens’s appeal is DISMISSED as
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); 5th Cir. R. 42.2.

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