Eules Thompson v. United States

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eules THOMPSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-55390. United States Court of Appeals, Ninth Circuit. Submitted March 2, 1993. * Decided May 28, 1993. Before CHOY, GOODWIN and SKOPIL, Circuit Judges: 1 MEMORANDUM ** 2 Eules Thompson appeals pro se the district court's denial of his habeas petition filed pursuant to 28 U.S.C. § 2255 (1988). Thompson pleaded guilty to a violation of 21 U.S.C. § 841 (a)(1) (1988) and did not appeal his conviction or sentence. 3 Thompson contends that 21 U.S.C. § 841 (b) and U.S.S.G. § 2D1.1 (1989) violate equal protection by providing higher sentences for dealers of cocaine base than for dealers of cocaine, violate the Eighth Amendment prohibition against cruel and unusual punishment, and are unconstitutionally vague because they fail to properly identify the properties of cocaine base. The range of claims that may be…