United States Tenth Circuit

In a prosecution for possession with intent to distribute 100 or more marijuana plants, a judgment granting defendant's motion for judgment of acquittal and vacating a jury's verdict based on insufficiency of the evidence is reversed and verdict reinstated where two "mother" marijuana plants kept in a separate room could be counted toward the requisite 100 or more total plants, and the district court lacked authority to grant a new trial since defendant did not timely move for one.

Appellate Information

• Decided 11/14/2006
• Published 11/15/2006

Judges

• KELLY, Circuit Judge., Before KELLY, ANDERSON, and BEAM, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Daniel S. Goodman, Criminal Division, Appellate Section, U.S. Department of Justice, Washington, D.C., (Eric F. Melgren, United States Attorney, and Sheri P. McCracken, Assistant United States Attorney, District of Kansas, on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• William F. Cummings, Cummings & Cummings, L.L.C., Wichita, KS, for Defendant-Appellee.