U.S. v. BELDEN

No. 91-30022.

957 F.2d 671 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Charles BELDEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn December 18, 1991.

Resubmitted December 23, 1991.

Decided February 20, 1992.


Attorney(s) appearing for the Case

Richard D. Senders, Rose & Senders, Portland, Or., for defendant-appellant.

Johnathan S. Haub, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

Before TANG, O'SCANNLAIN and RYMER, Circuit Judges.


RYMER, Circuit Judge:

Steven Charles Belden appeals his sentence for manufacturing marijuana in violation of 21 U.S.C. § 841(a)(1) on the grounds that the police mishandled confiscated marijuana plants so as to prevent an accurate re-count of the plants; the district court erred in counting plants that were not to be harvested when computing his offense level; the Guideline under which he was sentenced, which equated one marijuana plant to one kilogram of marijuana...

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