Unpublished Disposition, 880 F.2d 416 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 880 F.2d 416 (9th Cir. 1989)

Frank Edward STEVENS, Petitioner-Appellant,v.UNITED STATES of America, Respondent-Appellee.

No. 87-4433.

United States Court of Appeals, Ninth Circuit.

Submitted^* April 17, 1989.Decided July 14, 1989.

Before FERGUSON, CYNTHIA HOLCOMB HALL and KOZINSKI, Circuit Judges.

MEMORANDUM^**

Appellant Frank E. Stevens appeals his sentence of fifteen years imprisonment for conspiring to manufacture and distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a) (1) and 846 (1982). He contends that the 1973 reclassification of the drug, which increased the maximum term of imprisonment for the offense from five years to fifteen, was based on an invalid delegation of authority from the Attorney General to the Drug Enforcement Agency. Because we have already determined that the Attorney General's 1973 delegation of authority for drug reclassification was valid, United States v. Burnes, 816 F.2d 1354, 1359 (9th Cir. 1987), we affirm.

Appellant also raises questions about a 1984 enactment which makes special provisions for temporary classifications of previously unscheduled substances. 21 U.S.C. § 811(h) (Supp. IV 1984). This enactment, however, has no effect on the valid permanent classification of methamphetamine made eleven years before.

Accordingly, the order of the district court is AFFIRMED.

The panel finds this case appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a); 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 9th Cir.R. 36-3

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