U.S. v. SWANSON

No. 99-3061.

210 F.3d 788 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. James G. SWANSON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 24, 2000.


Attorney(s) appearing for the Case

Daniel J. Graber (argued), Peggy A. Lautenschlager, Office of the U.S. Attorney, Madison, WI, for plaintiff-appellee.

Mark A. Eisenberg (argued), Madison, WI, for defendant-appellant.

Before POSNER, Chief Judge, and CUDAHY and EVANS, Circuit Judges.


TERENCE T. EVANS, Circuit Judge.

One issue on this appeal presents an interesting question: Do "dead" marijuana plants add up to trouble for a defendant under the federal sentencing guidelines?

When officers from the Sauk County sheriff's department executed a search warrant at James Swanson's residence in Spring Green, Wisconsin, they discovered an impressive marijuana-growing operation. The evidence seized led to a federal charge alleging possession with...

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