United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 00-1004 ___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * District of Nebraska. * Sheldon H. Thomas, * [UNPUBLISHED] * Appellant. * ___________ Submitted: May 24, 2000 Filed: May 30, 2000 ___________ Before McMILLIAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ 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,

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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