Opinion
No. 06-4170.
Submitted: September 24, 2007.
Filed: October 12, 2007.
Appeal from the United States District Court for the Western District of Arkansas.
Kenneth P. Elser, Assistant U.S. Attorney, U.S. Attorney's Office, Fort Smith, AR, for Appellee.
James Pierce, Assistant Federal Public Defender, Federal Public Defender's Office, Fayetteville, AR, Omar Greene, Assistant Federal Public Defender, Little Rock, AR, for Appellant.
Titus Parks, Fort Smith, AR, pro se.
Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.
[UNPUBLISHED]
Titus Parks appeals the 151-month prison sentence imposed by the district court following his guilty plea to distributing a mixture or substance containing cocaine base (crack cocaine). Citing United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), Parks challenges (1) the 100:1 quantity ratio used for sentencing crack-cocaine versus powder-cocaine offenders, and (2) mandatory minimum sentences in drug cases. Upon review, we hold that Parks's appeal is without merit. See, e.g., United States v. Castro-Higuero, 473 F.3d 880, 888 (8th Cir. 2007) (rejecting argument that Booker made mandatory minimum sentences unconstitutional); United States v. Spears, 469 F.3d 1166, 1176 (8th Cir. 2006) (en banc) ("[N]either Booker nor § 3553(a) authorizes district courts to reject the 100:1 quantity ratio and use a different ratio in sentencing defendants for crack cocaine offenses.").
The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.
Accordingly, we affirm. See 8th Cir. R. 47B.