Ibanez-Aguilar

MEMORANDUM **

On October 1, 1999, appellant IbanezAguilar entered a guilty plea to one count of manufacturing more than 100 plants of marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(B). On January 18, 2000, the district court sentenced IbaneznAguilar to the statutory minimum mandatory five-year prison term. IbanezAguilar appeals his sentence, imposed pursuant to 21 U.S.C. § 841 (b)(l)(B)(vii). Ibanez-Aguilar contends on appeal that the sentencing structure of § 841(b)(l)(B)(vii) violates his due process and equal protection rights because the structure requires that the court impose the same five-year minimum mandatory *429 sentence on a defendant convicted of possessing 100 marijuana plants as the court would impose on a defendant convicted of possessing 100 kilograms of marijuana. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We have previously rejected the argument that Congress violates either the equal protection or due process clause of the fourteenth amendment by equating 100 kilograms of marijuana with 100 marijuana plants. See United States v. Belden, 1 957 F.2d 671, 676 (9th Cir.1992) (“[U.S.S.G. section 2Dl.l(c)’s] rationality lies…