United States v. Gregorio Degracia

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gregorio DEGRACIA, Defendant-Appellant. No. 91-50510. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 10, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Gregorio DeGracia appeals his sentence under the United States Sentencing Guidelines, following a guilty plea, for distribution of methamphetamine and aiding and abetting, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . DeGracia, relying on United States v. Williams, 746 F.Supp. 1076 (D.Utah 1990) (due process required neutral policy by which task force would determine which cases to refer for federal prosecution), contends that his due process rights were violated because he was prosecuted in federal rather than state court. We dismiss the appeal. 3 "[A] prosecutor's charging decision cannot be judicially reviewed absent a…