United States v. Patrick Carson, United States of America v. Bart Charles O'Brien

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Patrick CARSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Bart Charles O'BRIEN, Defendant-Appellant. No. 92-50365. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1993. * Decided July 8, 1993. Before CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 In these companion appeals, Patrick Carson and Bart Charles O'Brien appeal their sentences imposed following entry of guilty pleas to manufacture of marijuana in violation of 21 U.S.C. Sec. 841 (a)(1). We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Carson contends that application to him of U.S.S.G. Sec. 2D1.1, which equates one marijuana plant with one kilogram of marijuana, violates due process because he is not a commercial grower of marijuana. 4 Counsel for Bart Charles O'Brien has submitted a brief pursuant to Anders v. California, 386…