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U.S. v. OSBURN

No. 91-8091.

955 F.2d 1500 (1992)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. George Nye OSBURN, Robert Allott Osburn, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 23, 1992.

Attorney(s) appearing for the Case

Michael Abbott, Atlanta, Ga., for George Osburn.

Joseph A. Homans, Gainesville, Ga., for R.A. Osburn.

Carolyn L. Adams, Joe D. Whitley, Asst. U.S. Attys., Atlanta, Ga., for U.S.

Before KRAVITCH, ANDERSON and BIRCH, Circuit Judges.

KRAVITCH, Circuit Judge:

The government appeals the district court's finding that the sentencing scheme embodied in 21 U.S.C. § 841 is unconstitutional. Section 841 outlines a sentencing structure that punishes individuals convicted of possessing marijuana plants in proportion to the number of plants seized, regardless of the actual weight of marijuana obtainable from those plants. The statute attaches an "equivalency" to each plant seized: individuals convicted...

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