United States v. John E. Burke , 999 F.2d 596 ( 1993 )

OAKES, Senior Circuit Judge,

concurring.

While I concur in the majority’s carefully reasoned opinion, I do so only because as a visiting judge in this circuit I consider myself bound by this court’s prior decisions. These include United States v. Taylor, 985 F.2d 3, 9 (1st Cir.1993) (equation of young marijuana plants to kilograms of marijuana rational) and United States v. McMahon, 935 F.2d 397, 401 (1st Cir.1991) (same). Were I sitting where I would be free to consider the question solely on its merits, I would conclude that the equation for sentencing purposes of three-inch marijuana plants with at best marginal root structures to kilograms of marijuana is arbitrary, irrational and a violation of due process.