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U.S. v. MADKOUR

No. 575, Docket 90-1397.

930 F.2d 234 (1991)

UNITED STATES of America, Appellee, v. Michael P. MADKOUR, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 11, 1991.

Attorney(s) appearing for the Case

Charles A. Caruso, Burlington, Vt., Asst. U.S. Atty. (George J. Terwilliger, III, U.S. Atty., David V. Kirby, Chief, Criminal Div., William B. Darrow, Asst. U.S. Atty., of counsel), for appellee.

William B. Gray, Burlington, Vt. (Sheehey Brue Gray & Furlong, Donald J. Rendall, Jr., of counsel), for defendant-appellant.

Before TIMBERS, MESKILL and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Michael P. Madkour appeals his sentence following his guilty plea to knowingly and intentionally manufacturing and possessing with intent to manufacture marijuana in violation of 21 U.S.C. § 841(a)(1). Madkour was sentenced for possessing in excess of 100 marijuana plants, an amount that triggers a five-year minimum sentence under the section's penalty provision, § 841(b)(1)(B)(vii). This statutory minimum is one of a number...

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