United States v. David Ernie Sams

980 F.2d 740 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Ernie SAMS, Defendant-Appellant. No. 91-30097. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1992. Decided Nov. 13, 1992. Before TANG, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 David Ernie Sams appeals his conviction by guilty plea for "manufacturing" marijuana, in violation of 21 U.S.C. § 841 (b)(1)(c), and the resulting sentence. I. 3 Sams argues that the district court violated the First Amendment free exercise and establishment clauses and his equal protection rights when it prohibited Sams from presenting evidence of his religious beliefs and practices as a defense to the marijuana charges. Sams contends that a "cornerstone tenet of his religion is that God has not just condoned but has encouraged Man to grow and use marijuana, or 'herb' as it is referred to in the Bible", citing Genesis 1:29 and 1…