United States Sixth Circuit

A sentence for possession with intent to distribute marijuana is reversed where: 1) the district court's use of a 1-to-100 equivalency ratio was inappropriate with respect to 137 harvested plants seized during the execution of a search warrant at defendant's home; and 2) instead, it should have utilized the actual weight of the 557.8 grams of marijuana harvested from those plants to calculate her base offense level.

Appellate Information

• Decided 08/14/2008
• Published 08/14/2008

Judges

• Before:  COLE and CLAY, Circuit Judges;  RUSSELL, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant.  Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Paul A. Peterson, Federal Public Defender's Office, Marquette, Michigan, for Appellant.  Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.