United States v. Bob Gartland

993 F.2d 885 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bob GARTLAND, Defendant-Appellant. No. 92-30249. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1993. * Decided May 7, 1993. Before WRIGHT, ALARCON and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Bob Gartland appeals from the fifty-five month sentence imposed following the entry of his guilty plea to conspiracy to manufacture marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We must decide whether (1) Gartland has waived his argument that he is entitled to a four level reduction in his base offense level under the Sentencing Guidelines for being a "minimal participant" in the criminal activity, because he failed to raise this issue to the district court; (2) section 2D1.1 of the Sentencing Guidelines violates Gartland's constitutional right to due process and equal protection by equating one marijuana plant with one kilogram of…