United States v. Rodney Sid Stein

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rodney Sid STEIN, Defendant-Appellant. No. 92-30038. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 2, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Rodney Sid Stein appeals his conviction and sentence under the United States Sentencing Guidelines following a guilty plea to attempted possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). Stein contends that the decision to charge him in federal rather than state court constituted vindictive prosecution and that the district court violated his fifth amendment right to equal protection by failing to depart downward from the Guidelines to correct the disparity between his federal sentence and his co-accused's state sentence. We have jurisdiction under 18 U.S.C. § 1291 and we affirm. 3 We review…