Ward

United States v. Ward

Good Law
57 F. App'x 722
United States Court of Appeals for the Ninth CircuitDecember 24, 2002No. 02-10084; D.C. No. CR-99-00064-DWHCalifornia867 words

Opinion

Lead Opinion

*723 MEMORANDUM **

Dale Walter Ward raises a number of issues on appeal from the fourteen counts of his methamphetamine conspiracy conviction. We reject each of his claims and affirm the conviction.

Ward’s argument that the entire sentencing scheme of United States Code Title 21 is unconstitutional is foreclosed by our decision in United States v. Buckland, 289 F.3d 558 (9th Cir.2002) (en banc). See United States v. Mendoza-Paz, 286 F.3d 1104, 1110 (9th Cir.2002) (applying the rationale of Buckland to reject appellant’s facial constitutional challenge to 21 U.S.C. § 960 ); United States v. Varela-Rivera, 279 F.3d 1174 , 1175 n. 1 (9th Cir.2002) (holding that challenge to constitutionality of Section 952 is precluded based on Buck-land decision).

Ward makes an Eighth Amendment claim relying on this court’s decision in Andrade v. Attorney Gen. of Cal., 270 F.3d 743 (9th Cir.2001) (concluding that defendant’s life sentence for petty theft was grossly disproportionate to his crime and the Three Strikes law violated the Eighth Amendment). The Andrade case is currently under review by the United States Supreme Court. Even if the decision is affirmed, Ward’s situation is…

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