United States v. James Robert Bowman

978 F.2d 716 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Robert BOWMAN, Defendant-Appellant. No. 92-30082. United States Court of Appeals, Ninth Circuit. Submitted Oct. 13, 1992. * Decided Oct. 16, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 James Robert Bowman appeals his sentence under the United States Sentencing Guidelines ("Guidelines" or "U.S.S.G."), imposed following his guilty plea, for manufacture of marijuana in violation of 21 U.S.C. § 841 (a)(1). Bowman contends that Guidelines section 2D1.1, which equates one marijuana plant to one kilogram of marijuana, violates the Fifth and Fourteenth Amendment due process and equal protection guarantees because it is arbitrary and irrational. Bowman also argues that his sentence of 46 months imprisonment constitutes cruel and unusual punishment in violation of the Eighth Amendment. We have jurisdiction under 28…