UNITED STATES v. ALBINO

No. 05-10146.

432 F.3d 937 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene K. ALBINO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 15, 2005.


Attorney(s) appearing for the Case

Pamela J. Byrne, Assistant Federal Defender, Honolulu, HI, for the appellant.

Thomas Muehleck, Assistant United States Attorney, Honolulu, HI, for the appellee.

Before BRUNETTI, KOZINSKI, and SILVERMAN, Circuit Judges.


OPINION

PER CURIAM.

Eugene Albino appeals the ten-year sentence imposed by the district court following his guilty plea to growing 2,349 marijuana plants. Albino argues that 21 U.S.C. § 841(b)(1)(A)(vii), which classifies 1000 or more marijuana plants, regardless of weight, as equal to 1000 or more kilograms of marijuana for purposes of the ten-year mandatory minimum sentence, violates the Fifth and Eighth Amendments. We affirm.

We have rejected...

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