U.S. v. MARSHALL

No. 92-3398.

998 F.2d 634 (1993)

UNITED STATES of America, Appellant, v. John MARSHALL, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 19, 1993.


Attorney(s) appearing for the Case

Michael P. Norris, Asst. U.S. Atty., Omaha, NE, argued, for appellant.

No argument was presented on behalf of the appellee.

Before McMILLIAN and BEAM, Circuit Judges, and SACHS, Senior District Judge.


SACHS, Senior District Judge.

The Government appeals from the district court's sua sponte departure downward in the sentencing of this drug case involving a large number of marijuana plants. Under a plea agreement, defendant pled guilty to the manufacture and possession with intent to manufacture in excess of 100 marijuana plants. In return for the guilty plea the United States agreed to make a non-binding recommendation at sentencing that the court impose its sentence...

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