U.S. v. DIAZ

No. 13-12484, Non-Argument Calendar.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. FRANCISCO JAVIER DIAZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed February 10, 2014.


DO NOT PUBLISH

PER CURIAM.

Francisco Javier Diaz appeals his 120-month sentence, imposed as the statutory minimum, after pleading guilty to one count of conspiracy to possess with intent to distribute 1,000 or more marijuana plants, in violation of 21 U.S.C. § 846. On appeal, Diaz argues that 21 U.S.C. § 841(b)(1)(A)(vii)'s classification of 1,000 marijuana plants, regardless of their actual weight, as equivalent to 1,000 kilograms of marijuana...

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