U.S. v. GREENE

No. 89-5589.

892 F.2d 453 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Fred J. GREENE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 19, 1989.


Attorney(s) appearing for the Case

Peter J. Strianse, Asst. U.S. Atty., Joe B. Brown, U.S. Atty., Melissa Harrison, argued, Nashville, Tenn., for plaintiff-appellee.

Henry A. Martin, Fed. Public Defender, argued, Nashville, Tenn., for defendant-appellant.

Before WELLFORD and NELSON, Circuit Judges; and SUHRHEINRICH, District Judge.


WELLFORD, Circuit Judge.

Defendant appeals the imposition of two concurrent sentences of eighteen months for unlawful distribution of marijuana. Because we find that the present classification of marijuana as a Schedule I substance is neither arbitrary nor irrational and that the possession of marijuana is not protected by the free exercise clause of the first amendment, we affirm the decision of the district court.

I.

On August 24, 1988, a federal...

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