U.S. v. SCHAFER

Nos. 08-10167, 08-10169.

625 F.3d 629 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Dale SCHAFER, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Marion P. Fry, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 8, 2010.


Attorney(s) appearing for the Case

Brenda Grantland, Esquire , Mill Valley, CA; Barry L. Morris (argued), Esquire , Walnut Creek, CA, for defendants-appellants Dale Schafer and Marion Fry.

Anne Pings (argued), Assistant United States Attorney; Sean C. Flynn , Assistant United States Attorney; Benjamin B. Wagner , United States Attorney, Sacramento, CA, for plaintiff-appellee United States of America.

Before: BETTY B. FLETCHER, RICHARD C. TALLMAN, and JOHNNIE B. RAWLINSON, Circuit Judges.


OPINION

TALLMAN, Circuit Judge:

Defendants-Appellants Dale Schafer and Marion Fry challenge federal convictions that arise from their operation of a medical marijuana growing operation and dispensary in the Sierra Nevada community of Cool, California. A jury found Appellants guilty of conspiring to manufacture and distribute at least 100 marijuana plants. The jury specifically convicted Schafer of manufacturing...

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