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No. 07-4984
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham.
James A. Beaty, Jr.,
Chief District Judge. (1:07-cr-00089-JAB-1)
Submitted:
June 9, 2009
Decided:
PER CURIAM:
Carlos Lashan Davis appeals his sentence imposed after
he pleaded guilty to distribution of cocaine base.
On appeal,
Davis argues for the first time that the district court should
have considered the disparity in the sentencing ratio between
crack and powder cocaine and he should have received a lower
sentence based on this disparity.
the
effective
date
of
Amendment
Finding
no
error,
we
affirm. *
Because Davis did not argue below that he should be
sentenced below the advisory Guidelines range based upon the
crack/powder cocaine disparity in the Guidelines, review is for
plain error.
district
courts
failure
to
consider
the
Assuming
crack/powder
See id.
is
neither
requiring
presumptively
a
showing
of
prejudicial
actual
nor
structural,
prejudice.
United
Thus, the
Id.
to
consider
substantial rights.
that
this
decision
the
crack/powder
disparity
affected
not
preclude
Davis
his
We note
from
seeking
with
oral
argument
because
the
facts
and
We
legal
AFFIRMED