Unpublished Disposition, 931 F.2d 898 (9th Cir. 1988)

MEMORANDUM^** 

Jeffrey L. Lambert appeals his sentence, following a guilty plea to one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a) (1). He contends that the district court erred by denying his motion to declare the United States Sentencing Guidelines (Guidelines) unconstitutional. Lambert's motion was denied on May 3, 1988. On June 13, 1988, he was sentenced pursuant to the Guidelines to 48 months' imprisonment and three years' supervised release. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Lambert challenges the constitutionality of the Guidelines in accordance with this court's August 23, 1988 decision in Gubiensio-Ortiz v. Kanahele, 857 F.2d 1245 (9th Cir. 1988), vacated, 488 U.S. 1036 (1989), on remand, 871 F.2d 104 (9th Cir. 1989). The Supreme Court has since upheld the constitutionality of the Guidelines in Mistretta v. United States, 488 U.S. 361 (1989). Consequently, Lambert's challenge to his sentence must fail.

AFFIRMED.