United States of America, Plaintiff-appellee, v. Raymond Daugavietis, Defendant-appellant, 976 F.2d 738 (9th Cir. 1992)

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U.S. Court of Appeals for the Ninth Circuit - 976 F.2d 738 (9th Cir. 1992) Submitted Sept. 15, 1992. *Decided Sept. 17, 1992

Before EUGENE A. WRIGHT, FLETCHER and CANBY, Circuit Judges.

MEMORANDUM^**

In light of the district court's express findings regarding the joint nature of the grow operation, it correctly attributed all 140 plants to Daugavietis.

We resolved the constitutional issues Daugavietis raises in United States v. DeLeon, 955 F.2d 1346 (9th Cir. 1992), and we are bound to follow our prior decision.

AFFIRMED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3

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