United States v. Damon Ray Hymer

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Damon Ray HYMER, Defendant-Appellant. No. 91-30236. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 24, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Damon Ray Hymer appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to manufacturing marijuana, in violation of 21 U.S.C. § 841 (a)(1). He contends that the Guidelines' treatment of each marijuana plant as the equivalent of one kilogram of marijuana violates due process and equal protection. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. BACKGROUND 3 Hymer pleaded guilty to knowingly and intentionally manufacturing marijuana, in violation of 21 U.S.C. § 841 (a)(1). The presentence report calculated his adjusted offense level at 24, with a Guidelines range of 51 to 63 months. The…