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U.S. v. SHIELDS

No. 93-9270.

87 F.3d 1194 (1996)

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

United States Court of Appeals, Eleventh Circuit.

June 19, 1996.

Attorney(s) appearing for the Case

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

Joe D. Whitley, U.S. Attorney, James R. Harper, Amy Levin Weil, Asst. U.S. Attys., Atlanta, GA, for Appellee.

Before TJOFLAT, Chief Judge, and KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.

COX, Circuit Judge:

The primary issue in this appeal is whether, under 21 U.S.C. § 841 and U.S.S.G. § 2D1.1, a marijuana grower who is apprehended after his marijuana crop has been harvested should be sentenced according to the number of plants involved in the offense or according to the weight of the marijuana. A panel of this court held that, under our precedents, a grower who is apprehended after harvest may not be sentenced according to the number of...

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