United States v. Shelby Ward

86 F.3d 1165 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Shelby WARD, Defendant-Appellant. No. 94-30433. 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 Shelby Ward appeals his 118-month sentence following the entry of a guilty plea to possession with intent to distribute crack within 100 feet of a public youth center in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841 (a)(1) and 860; use of a communication device to facilitate drug trafficking in violation of 18 U.S.C. § 2 and 21 U.S.C. § 843 (b); and being a felon in possession of ammunition in violation of 18 U.S.C. § 922 (g)(1). Ward contends that: (1) the United States Sentencing Guidelines and the mandatory minimum sentences under 21 U.S.C. § 841 (b)(1)(B) are facially ambiguous and violate the Equal…