U.S. v. PISARSKI

No. 17-10428.

965 F.3d 738 (2020)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony PISARSKI; Sonny Moore, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2020.


Attorney(s) appearing for the Case

Vijay Shanker (argued), Attorney; Matthew S. Miner , Deputy Assistant Attorney General; Brian A. Benczkowski , Assistant Attorney General; United States Department of Justice, Criminal Division, Appellate Section, Washington, D.C.; J. Douglas Wilson , Helen L. Gilbert , and Merry Jean Chan , Assistant United States Attorneys, United States Attorney's Office; San Francisco, California; for Plaintiff-Appellant.

Ronald N. Richards (argued), Law Offices of Ronald Richards, Beverly Hills, California; T. Louis Palazzo , Palazzo Law Firm, Las Vegas, Nevada; for Defendants-Appellees.

Dissent by Judge Wallace.


OPINION

Andrew Pisarski and Sonny Moore were in a pickle. The two men had spent months growing hundreds of marijuana plants. Although they had not yet sold, or even harvested, any plants, Pisarski and Moore had entered into sale agreements with two marijuana collectives, promising to sell them any viable plants...

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