Teague

MEMORANDUM *

Defendant Michael Teague grew in excess of 100 marijuana plants in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 (b), and appeals his conviction and sentence. Teague challenges his conviction on due process grounds, claiming that the delay in the filing of his opening brief amounted to a due process violation. Teague also claims that his conviction should be vacated because (1) the prosecution of his case amounts to commandeering and (2) the Controlled Substances Act violates the Tenth Amendment. The government and Teague agree that Teague’s sentence should be remanded pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005), to permit the district court judge to exercise discretion with respect to the term of supervised release. The conviction is affirmed and Teague’s sentence is remanded pursuant to Ameline .

Teague’s challenges to his conviction are without merit. Teague’s due process claim fails because the delay in the filing of his opening appeal was not so extreme that it violated his due process rights. United States v. Wilson, 16 F.3d 1027, 1030 (9th Cir.1994). After filing a timely notice of appeal, there was a series *549 of delays,…