U.S. v. ROBINSON

No. 93-50730.

35 F.3d 442 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Wynn Lewis ROBINSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1994.


Attorney(s) appearing for the Case

William J. Genego, Santa Monica, CA, for defendant-appellant.

Judith S. Feigin, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee.

Before: FLETCHER, CANBY, and HALL, Circuit Judges.


FLETCHER, Circuit Judge:

Defendant Wynn Lewis Robinson appeals his sentence of 63 months, pursuant to his plea of guilty to manufacturing marijuana with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). Robinson's appeal presents a number of challenges to the district court's finding that Robinson, at the time of his arrest, was cultivating 156 marijuana plants. He argues that the district court erred in counting as "plants" forty-eight rootless marijuana...

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