Unpublished Disposition, 900 F.2d 263 (9th Cir. 1990)
Annotate this CaseUNITED STATES of America, Plaintiff-Appellee,v.Gary Edward SUMNER, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Diego Gonzalez OCANAS, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Dale Lee SCHUCK, Defendant-Appellant.
Nos. 89-50167, 89-50171 and 89-50172.
United States Court of Appeals, Ninth Circuit.
Submitted Dec. 8, 1989.* Decided April 6, 1990.
Appeal from the United States District Court for the Southern District of California; Rudi M. Brewster and Judith N. Keep, District Judges, Presiding.
S.D. Cal.
AFFIRMED.
Before JAMES R. BROWNING, BOOCHEVER and KOZINSKI, Circuit Judges.
MEMORANDUM**
The appellants in these consolidated appeals argue that the district court's adherence to the Federal Sentencing Guidelines violated due process because their crimes were committed and their guilty pleas entered after August 23, 1988, when this circuit declared the Guidelines unconstitutional, Gubiensio-Ortiz v. Kanahele, 857 F.2d 1245 (9th Cir. 1988), vacated sub nom. United States v. Chavez-Sanchez, 109 S. Ct. 859 (1989), and before January 23, 1989, when the Supreme Court upheld the Guidelines, United States v. Mistretta, 109 S. Ct. 647 (1989). We rejected this contention in United States v. Gonzales-Sandoval, No. 89-50174, slip op. 507, 526 (9th Cir. Jan. 18, 1990).
AFFIRMED.
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