United States v. Jack Lee Gibson

967 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jack Lee GIBSON, Defendant-Appellant. No. 91-30325. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 3, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Jack Lee Gibson appeals his sentence under the Sentencing Guidelines, following his plea of guilty, for one count of manufacturing and possessing with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1). He was sentenced to 63 months imprisonment and 3 years supervised release. He contends that the Sentencing Guidelines equivalency ratio for marijuana plants under U.S.S.G. § 2D1.1 violates due process and equal protection, creates an unconstitutional irrebuttable presumption, and is unsupported by sufficient evidence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the…