United States v. Gregory Island

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gregory ISLAND, Defendant-Appellant. No. 95-50268. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Gregory Island appeals his jury conviction for distribution of cocaine base, in violation of 21 U.S.C. § 841 (a)(1). Island contends that: (1) the district court erred by excluding evidence pursuant to Fed.R.Evid. 403; (2) the district court erred by refusing to grant him an extension of time to establish cause for his untimely motion to dismiss based on selective prosecution; and (3) the Sentencing Guidelines' distinction between cocaine base and cocaine powder is unconstitutionally vague. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 * Fed.R.Evid 403 4 Island contends that the district court erred by excluding evidence…