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U.S. v. SHIELDS

No. 93-9270.

49 F.3d 707 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Maurie Wade SHIELDS, a/k/a Chip, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 10, 1995.

Attorney(s) appearing for the Case

Bruce S. Harvey, Atlanta, GA, for appellant.

Joe D. Whitley, U.S. Atty., James R. Harper, Amy Levin Weil, Asst. U.S. Attys., N.D.Ga., Atlanta, GA, for appellee.

Before KRAVITCH, Circuit Judge, GODBOLD and RONEY, Senior Circuit Judges.

KRAVITCH, Circuit Judge:

The issue presented in this case is whether admittedly dead "root systems" remaining from marijuana plants harvested weeks or months before police seizure may be counted along with seized living plants as marijuana "plants" for sentencing purposes. We hold that dead, harvested root systems are not "plants" within the meaning of 21 U.S.C. § 841(b) and the "equivalency provision" of U.S.S.G. § 2D1.1(c), n.*

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