United States v. David Duane Marsh

967 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Duane MARSH, Defendant-Appellant. No. 91-30257. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1992. * Decided June 3, 1992. 1 Before WALLACE, Chief Judge, GOODWIN, Circuit Judge, and CROCKER ** , District Judge. 2 MEMORANDUM *** 3 David Duane Marsh challenges the constitutionality of section 2D1.1 of the United States Sentencing Guidelines. Marsh argues that U.S.S.G. § 2D1.1 violates his due process rights by counting each marijuana plant as the equivalent of one kilogram of marijuana for sentencing purposes. 4 Federal officers seized over 180 marijuana plants from Marsh's residence pursuant to a search warrant. Marsh pled guilty to a one count indictment charging him with manufacturing with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1). His sentence was based on an offense level of 26 which corresponds to…