United States v. Patrick Joseph Greany

977 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Patrick Joseph GREANY, Defendant-Appellant. No. 91-30462. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Sept. 29, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Patrick Joseph Greany appeals his sentence under the Sentencing Guidelines, following his plea of guilty, for knowingly and intentionally manufacturing marijuana, in violation of 21 U.S.C. § 841 (a)(1). The district court sentenced Greany to 63 months imprisonment and three years supervised release. Greany contends that the equivalency ratio for marijuana plants under U.S.S.G. § 2D1.1(c) violates the Fifth Amendment guarantee of due process and the Eighth Amendment protection against cruel and unusual punishment. Greany further contends that the Sentencing Guidelines violate due process because they fail to account for…