U.S. v. DAVIS

Crim. A. No. 91-69-01.

795 F.Supp. 665 (1992)

UNITED STATES of America v. Ferris L. DAVIS.

United States District Court, D. Vermont.

August 13, 1992.


Attorney(s) appearing for the Case

Gary G. Shattuck, Asst. U.S. Atty., Rutland Vt., for U.S.

Donald A. Graham, Welch, Graham and Manby, White River Jct., Vt., for defendant.


ORDER

BILLINGS, District Judge.

On July 27, 1992, defendant filed a motion to declare the penalty scheme of 21 U.S.C. § 841(b)(1)(A)(vii) and the related sentencing guideline, U.S.S.G. § 2D1.1(c), unconstitutional. A hearing on the matter was held on August 3, 1992. For reasons stated below, defendant's motion is DENIED.

BACKGROUND

On December 6, 1992, a jury convicted defendant of manufacturing marijuana, possessing marijuana...

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