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United States v. Williams

filed*fn*: May 21, 1993.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DANIEL LEE WILLIAMS, DEFENDANT-APPELLANT.



Appeal from the United States District Court for the District of Oregon. D.C. CR-91-80-01-MFM. Malcolm F. Marsh, District Judge, Presiding

Before: Pregerson, Kleinfeld, Circuit Judges, and Ingram, District Judge.**fn**

MEMORANDUM

The facts and the issues are familiar to the parties concerned. Therefore the court will not repeat them here.

The constitutionality of 18 U.S.C. § 841(b) and U.S.S.G. § 2D1.1 has been routinely upheld in the face of due process, equal protection and Eighth Amendment challenges. See United States v. Harding, 971 F.2d 410, 414 (9th Cir. 1992), cert. denied, 113 S. Ct. 1025 (1993) (100:1 ratio does not deny equal protection); United States v. Malone, 886 F.2d 1162, 1166 (9th Cir. 1989) (100:1 differentiation is not irrational because "Congress chose a 'market-oriented approach' to sentencing"); United States v. Van Winrow, 951 F.2d 1069 (9th Cir. 1991) (rejecting eighth amendment challenge based on 100:1 ratio). The panel therefore rejects Williams' constitutional claims.

The district court was presented with sufficient evidence upon which it could find that the drugs and guns found in the car and motel room belonged to Williams. Therefore the court affirms the district court's inclusion of these items in the calculation of Williams' sentence.

AFFIRMED.

Disposition

AFFIRME ...


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