United States Ninth Circuit

In a prosecution for conspiring to manufacture and distribute, manufacturing and cultivating, and aiding and abetting the cultivation of more than 1,000 marijuana plants, the conviction and sentence are affirmed, where: 1) the district court committed no plain error in failing to inquire, sua sponte, whether the defendant had waived his rights to object to the admission of statements he made during plea discussions; 2) the district court did not err by allowing a law enforcement agent to testify regarding statements the defendant made through an interpreter; 3) hearsay exceptions made testimony about the total number of marijuana plants admissible; and 4) it was not clear error to refuse to apply the safety valve of 18 USC section 3553(f) in sentencing.

Appellate Information

• Decided 05/11/2012
• Published 05/11/2012

Judges

• Wallace

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Edgar Eugene Page, Laurel J. Montoya