Sandcrane

MEMORANDUM *

Appellant Ricky Sandcrane (“Sand-crane”) appeals the denial of his motion at sentencing asserting that the 30 year mandatory sentencing provision of 18 U.S.C. § 2241 (c) is unconstitutional as applied to him under the Equal Protection Clause and the Eighth Amendment. We review the district court’s determination that 18 U.S.C. § 2241 (c) was applied constitutionally to Sandcrane de novo and we affirm. See United States v. Naghani, 361 F.3d 1255, 1259 (9th Cir.2004).

Section 2241(c), as applied to Sand-crane, does not violate the Equal Protection Clause, as it does not discriminatorily classify Native Americans on its face. See City of Cleburne, Tex. v. Cleburne Living Center, 473 U.S. 432, 440 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985). Nor does any disproportionate impact of Section 2241 on Native Americans result from discrimination. See Washington v. Davis, 426 U.S. 229, 241 , 96 S.Ct. 2040 , 48 L.Ed.2d 597 (1976). Any disproportionate impact Section 2241 has on Native Americans simply reflects the different treatment of criminals under the Major Crimes Act who commit crimes in a federal enclave. See United States v. LeMay, 260 F.3d 1018, 1030 (9th Cir.2001). The…