U.S. v. SCHUBERT

No. 91-10165.

957 F.2d 694 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Leroy A. SCHUBERT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1992.


Attorney(s) appearing for the Case

Robert J. Hooker, O'Connor, Cavanaugh, Anderson, Westover, Killingsworth & Beshears, Tucson, Ariz., for defendant-appellant.

Janet K. Martin, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before GOODWIN, FARRIS and POOLE, Circuit Judges.


FARRIS, Circuit Judge:

Leroy Schubert pled guilty, pursuant to a plea agreement, to attempted possession with intent to distribute 350 pounds of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court imposed a sentence of twelve and one-half years imprisonment to be followed by sixty months probation, a fine of $25,000.00, and a special assessment of $50.00. Schubert appeals the sentence and fine. We affirm in part and remand.

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