U.S. v. EVES

No. 90-3230.

932 F.2d 856 (1991)

UNITED STATES of America, Plaintiff-Appellee v. Arthur Austin EVES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 29, 1991.

Attorney(s) appearing for the Case

D. Blair Watson, Asst. U.S. Atty., Wichita, Kan. (Lee Thompson, U.S. Atty., Kim I. Martin, Asst. U.S. Atty., Wichita, Kan., on the briefs), for plaintiff-appellee.

Cyd Gilman, Asst. Federal Public Defender, D. Kan., Wichita, Kan., for defendant-appellant.

Before MOORE, Circuit Judge, ALDISERT and McWILLIAMS, Circuit Judges.

ALDISERT, Senior Circuit Judge.

In this appeal brought by a defendant convicted and sentenced for possessing 1000 or more marijuana plants with intent to distribute we have to decide what constitutes a marijuana "plant" under the Sentencing Guidelines Act. The number of plants determines the mandatory minimum sentence of imprisonment in a conviction of possession with intent to distribute. If a defendant is found to have had 1,000 or more marijuana plants regardless...

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