United States v. Ugandi Howard

76 F.3d 389 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ugandi HOWARD, Defendant-Appellant. No. 95-10177. United States Court of Appeals, Ninth Circuit. Submitted Jan. 9, 1996. * Decided Jan. 17, 1996. Before: SNEED, HALL, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Ugandi Howard appeals his 108-month sentence after pleading guilty to possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 . He contends: (1) the statutory distinction between rock and powder cocaine is unconstitutionally vague; (2) the 100-to-1 penalty ratio for rock and powder cocaine discriminates against minorities and serves no rational purpose; and (3) the Sentencing Guidelines' failure to take into account the "irrationality" of the sentencing scheme is a basis for downward departure pursuant to U.S.S.G. § 5K2.0. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 We consistently have…