United States v. Anthony M. Mason

5 F.3d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony M. MASON, Defendant-Appellant. No. 93-30011. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 26, 1993. Appeal from the United States District Court for the District of Oregon; No. CR-92-262-MFM, Malcolm F. Marsh, District Judge, Presiding. D.Or. AFFIRMED. Before PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Anthony M. Mason appeals his eighty-four-month sentence imposed after a guilty plea to knowingly distributing cocaine base in violation of 21 U.S.C. Sec. 841 (a)(1). For the first time on appeal, Mason contends (1) the Guidelines differentiation between "crack cocaine" and "powder cocaine" violates the Equal Protection Clause and (2) the statutory definition of "cocaine base" in section 841 is unconstitutionally vague. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Because the issues…