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U.S. v. DURHAM

No. 05-30403.

464 F.3d 976 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jessica DURHAM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2006.

Attorney(s) appearing for the Case

Steven C. Babcock (argued) and Anthony R. Gallagher, Federal Defenders of Montana, Billings, MT, for the plaintiff-appellant.

Marcia Hurd (argued) and William W. Mercer, Office of the United States Attorney, Billings, MT, for the defendant-appellee.

Before A. WALLACE TASHIMA and WILLIAM A. FLETCHER, Circuit Judges, and LOUIS H. POLLAK, District Judge.

POLLAK, District Judge:

On January 11, 2005, following a bench trial, the District Court found that defendant-appellant Jessica Durham ("Ms.Durham") knowingly distributed a small quantity of marijuana to her eighteen-month-old daughter, Michala Durham ("Michala").1 Accordingly, Ms. Durham was convicted of knowingly and unlawfully distributing marijuana to a person under the age of twenty-one, in violation of 21 U.S.C. §§ 841...

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