United States v. Harry D. Jacobson

2 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Harry D. JACOBSON, Defendant-Appellant. No. 92-30191. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 4, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Harry D. Jacobson appeals his 120-month sentence imposed after a guilty plea to use of interstate commerce facilities in the commission of murder-for-hire in violation of 18 U.S.C. Sec. 1958 . For the first time on appeal, Jacobson raises numerous constitutional challenges to U.S.S.G. Sec. 2E1.4. The district court relied on section 2E1.4 to determine Jacobson's base offense level. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 1 3 Generally, we review de novo the constitutionality of a Guideline. United States v. Barton, No. 92-30304, slip op. 6133, 6144 (9th Cir. June 15, 1993). Nonetheless, a criminal defendant waives his right to…