United States v. Daniel Heller

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daniel HELLER, Defendant-Appellant. No. 91-30219. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 1, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Daniel Heller appeals his sentence under the United States Sentencing Guidelines, imposed following his guilty plea, for manufacture of marijuana in violation of 21 U.S.C. § 841 (a)(1). Heller contends that U.S.S.G. § 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. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the legality of a sentence. United States v. Jordan, 964 F.2d 944, 946 (9th Cir.), cert. denied, --- U.S.L.W. ---- (U.S. Nov. 9, 1992) (No.…