United States v. Greg McCauley

26 F.3d 134 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Greg McCAULEY, Defendant-Appellant. No. 93-10519. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 1, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Greg McCauley appeals his 150-month sentence following entry of a guilty plea to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846 . Pursuant to Anders v. California, 386 U.S. 738 (1967), McCauley's counsel filed a motion to withdraw as counsel of record and submitted a brief identifying four possible issues for review: Whether mandatory minimum sentences based on drug quantities (1) constitute cruel and unusual punishment, (2) violate the doctrine of separation of powers, (3) violate due process and equal protection of the law, and (4) are inapplicable to convictions for conspiracy. McCauley claims in his pro…