United States v. Vincent Gamboa

66 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Vincent GAMBOA, Defendant-Appellant. No. 93-30347. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 1, 1995. Decided Sept. 7, 1995. Before: WRIGHT, BOOCHEVER and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Vincent Gamboa was convicted of distributing and conspiring to distribute cocaine base ("crack" cocaine), in violation of 21 U.S.C. Secs. 841 & 846. He appeals his sentence, alleging that the statutes and applicable sentencing guideline, USSG Sec. 2D1.1, violate equal protection. He also contends his sentence was improperly enhanced by governmental misconduct, and he was denied effective assistance of counsel. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Gamboa recognizes that, in United States v. Harding, 971 F.2d 410 (9th Cir.1992), cert. denied, 113 S.Ct. 1025 , we held section 841 and Sec. 2D1.1--which punish…