United States v. Sheldon H. Thomas ( 2000 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-1004
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of Nebraska.
*
Sheldon H. Thomas, * [UNPUBLISHED]
*
Appellant. *
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Submitted: May 24, 2000
Filed: May 30, 2000
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Before McMILLIAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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PER CURIAM.
Sheldon Thomas appeals the 121-month sentence imposed by the district court1
after he pleaded guilty to conspiring to distribute cocaine base, in violation of 21
U.S.C. § 846. Thomas raises one issue on appeal, that his sentence is excessive
because the sentencing disparity between cocaine base and powder cocaine lacks a
rational basis. However, this court has repeatedly rejected that contention and as a
panel we are not free to revisit the issue. See, e.g., United States v. Clary, 34 F.3d 709,
1
The HONORABLE JOSEPH H. BATAILLON, United States District Judge for
the District of Nebraska.
712 (8th Cir. 1994) (collecting cases), cert. denied, 513 U .S. 1182 (1995).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
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