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U.S. v. SMITH

No. 91-3466.

961 F.2d 1389 (1992)

UNITED STATES of America, Appellee, v. Paul Dean SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1992.

Attorney(s) appearing for the Case

Ted Thomas, Little Rock, Ark., argued, for appellant.

Kevin T. Alexander, Little Rock, Ark., argued (Charles A. Banks, on brief), for appellee.

Before JOHN R. GIBSON, Circuit Judge, PECK, Senior Circuit Judge, and BEAM, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Paul Dean Smith appeals the sentence imposed by the district court1 on his guilty plea to possession of marijuana with intent to distribute it in violation of 21 U.S.C. §§ 841(a)(1) and 845(a). The only issue on appeal is the claimed unconstitutionality of the statute and guideline basing sentencing on the number of marijuana plants. 21 U.S.C. § 841(b)(1)(A)(vii) and U.S.S.G. § 2D1.1(c...

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