United States v. Jerald J. Oakes, Jr.

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Jerald J. OAKES, Jr., Defendant-Appellee. No. 91-30383. United States Court of Appeals, Ninth Circuit. Submitted June 2, 1992. * Decided Aug. 14, 1992. Before EUGENE A. WRIGHT, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 The United States appeals from the district court's imposition of a sentence less than the five-year mandatory minimum sentence required by 21 U.S.C. § 841 (b)(1)(B)(vii). We reverse and remand for imposition of a new sentence consistent with the statute and the Sentencing Guidelines. 3 The government challenges the district court's conclusion that the decision to prosecute Oakes in federal court violated due process. We need not decide that issue. Even if we detected a due process violation, recent decisions of this court would require us to hold that absent proof of discrimination based on suspect characteristics, we may not…