[NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT



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        No. 96-1436



                                    UNITED STATES,



                                      Appellee,



                                          v.



                                JEMAL MAURICE SIMMONS,



                                Defendant, Appellant.



                                 ____________________





                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                              FOR THE DISTRICT OF MAINE



                     [Hon. D. Brock Hornby, U.S. District Judge]
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                                        Before



                                Torruella, Chief Judge,
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                            Cyr and Stahl, Circuit Judges.
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            George M. Hepner, III on brief for appellant.
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            Jay P.  McCloskey, United States  Attorney, and  Helene Kazanjian,
            _________________                                ________________

        Assistant   United  States  Attorney,   on  Motion   and  Incorporated

        Memorandum  to  Dismiss  Appeal  Pursuant  to  Local  Rule  27.1,  for

        appellee.





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                                   August 14, 1996

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                 Per  Curiam.   Upon  careful  review of  the  briefs and
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            record,  it appears that no substantial question is presented



            in this appeal and that summary disposition is appropriate.



                 Defendant  first argues  that,  in selecting  a sentence



            within  the guideline range,  the district court  should have



            given fuller consideration to defendant's alleged cooperation



            with the government.  We may not review that argument because



            we have no  jurisdiction to consider an  appeal from sentence



            that  was within  the  applicable  guideline  range  and  was



            correctly  determined.  United States  v. Tucker, 892 F.2d 8,
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            10 (1st Cir.  1989).  Here, the transcript  of the sentencing



            hearing  indicates that defendant  had a full  opportunity to



            present his legal and factual position, and that the district



            court  considered  that  position,  but  was  not  persuaded.



            Having  failed  to  request  an  evidentiary  hearing  below,



            defendant now may not properly complain that further evidence



            should have been taken.



                 We also  reject defendant's constitutional  challenge to



            disparate sentences  imposed  for  crack,  as  compared  with



            powder, cocaine crimes.  We perceive no reason to depart here



            from the existing precedent  on that issue, United States  v.
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            Singleterry, 29 F.3d  733, 740 (1st Cir. 1994).   Further, we
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            perceive  no  need  for  additional  argument  following  the



            decision announced in  United States v. Armstrong,  116 S.Ct.
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            1480 (1996).































                 Affirmed.  See 1st Cir. Loc. R. 27.1.
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