United States v. James E. Rockney

983 F.2d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 E. ROCKNEY, Defendant-Appellant. No. 91-30130. United States Court of Appeals, Ninth Circuit. Submitted Dec. 9, 1992. * Decided Dec. 14, 1992. Before TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 James E. Rockney appeals his 60-month 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). Rockney contends that the district court erred by sentencing him on the basis of the entire marijuana growing operation of 140 plants because he only cultivated 28 plants. He also contends that U.S.S.G. § 2D1.1, which equates one marijuana plant to one kilogram of marijuana where more than one hundred plants are cultivated, violates the Fifth and Fourteenth Amendment due process and equal protection guarantees because it is arbitrary and…