United States v. Daniel Lee Williams

993 F.2d 887 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Lee WILLIAMS, Defendant-Appellant. No. 92-30161. United States Court of Appeals, Ninth Circuit. Submitted May 7, 1993. * Decided May 21, 1993. 1 Before PREGERSON, KLEINFELD, Circuit Judges, and INGRAM, District Judge. ** 2 MEMORANDUM *** 3 The facts and the issues are familiar to the parties concerned. Therefore the court will not repeat them here. 4 The constitutionality of 18 U.S.C. § 841 (b) and U.S.S.G. § 2D1.1 has been routinely upheld in the face of due process, equal protection and Eighth Amendment challenges. See United States v. Harding, 971 F.2d 410, 414 (9th Cir.1992), cert. denied, 113 S.Ct. 1025 (1993) (100:1 ratio does not deny equal protection); United States v. Malone, 886 F.2d 1162, 1166 (9th Cir.1989) (100:1 differentiation is not irrational because "Congress chose a 'market-oriented approach' to sentencing"); United States v. Van…