USA v. Titus Parks, No. 06-4170 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal Case - sentencing. Challenges to crack cocaine-powder cocaine ratio and mandatory minumum sentences in drug cases are without merit.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-4170 ___________ United States of America, Appellee, v. Titus Parks, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Arkansas. * * [UNPUBLISHED] * ___________ Submitted: September 24, 2007 Filed: October 12, 2007 ___________ Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges. ___________ PER CURIAM. 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 (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 1 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas. made mandatory minimum sentences unconstitutional); United States v. Spears, 469 F.3d 1166, 1176 (8th Cir. 2006) (en banc) ( [N]either Booker nor ยง 3553(a) authorizes district courts to reject the 100:1 quantity ratio and use a different ratio in sentencing defendants for crack cocaine offenses. ). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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