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U.S. v. EGGERSDORF

No. 96-4245.

126 F.3d 1318 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Carl John EGGERSDORF, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 4, 1997.

Attorney(s) appearing for the Case

Kathleen Williams, Federal Public Defender, Brenda Bryn, Asst. Federal Public Defender, Miami, FL, for Defendant-Appellant.

Kendall Coffey, U.S. Attorney, Linda Collins Hertz, Robert B. Cornell, Ann Taylor, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before EDMONDSON, Circuit Judge, and KRAVITCH and WOOD, Senior Circuit Judges.

EDMONDSON, Circuit Judge:

Defendant Carl Eggersdorf (Defendant) pled guilty to possession with intent to distribute at least 10 plants. At the time of Defendant's sentencing, the pertinent sentencing guideline provided that one marijuana plant was equivalent to one kilogram of marijuana, when fifty or more plants were involved. See U.S.S.G. § 2D1.1(c), n.* (November 1, 1990). The number of plants seized from Defendant was disputed; but for sentencing purposes...

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