Edwardo Toledo-Rivera v. United States

963 F.2d 380 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edwardo TOLEDO-RIVERA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 90-55809. United States Court of Appeals, Ninth Circuit. Submitted May 7, 1992. * Decided May 13, 1992. 1 Before JAMES R. BROWNING and FARRIS, Circuit Judges, and MACBRIDE, ** District Judge. 2 MEMORANDUM *** 3 Edwardo Toledo-Rivera appeals the district court's denial of his habeas petition. Toledo-Rivera argues that his sentence violates the Equal Protection Clause because: (1) his co-defendant, who received an identical sentence, has been released and (2) Toledo-Rivera remains incarcerated. We affirm. 4 In United States v. Vaccaro, 816 F.2d 443, 458 (9th Cir.), cert. denied, 484 U.S. 928 (1987), we held that "[i]t is within the discretion of the court to impose disparate sentences as long as the judge takes into account individual circumstances." The Eighth Circuit reached a similar conclusion regarding parole…