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UNITED STATES v. FRY

No. 85-5162.

787 F.2d 903 (1986)

UNITED STATES of America, Appellee, v. Robert H. FRY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 31, 1986.

Rehearing and Rehearing Denied May 22, 1986.

Attorney(s) appearing for the Case

H.L. Kirkpatrick, III (Ashworth & Kirkpatrick, on brief), for appellant.

Michael E. Winck, Asst. U.S. Atty. (David A. Faber, U.S. Atty., Charleston, W.Va. on brief), for appellee.

Before ERVIN, Circuit Judge, HAYNSWORTH, Senior Circuit Judge, and WARRINER, District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied May 22, 1986.

HAYNSWORTH, Senior Circuit Judge:

This is an appeal from Fry's conviction for growing and conspiring to grow and distribute marijuana in violation of 21 U.S.C.A. §§ 841(a) and 846. He contends that the imposition of criminal sanctions upon the production of marijuana is so unreasonable and arbitrary as to be unconstitutional. He also challenges the sufficiency of the evidence that the plants he...

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