United States Ninth Circuit

In an appeal from marijuana convictions and sentence, 1) no double jeopardy violation occurred where court vacated appellant's guilty plea after it had been conditionally accepted, 2) government's destruction of pots in which marijuana plants grew did not violate appellant's constitutional right of access to evidence, and 3) career offender sentence enhancement was not unconstitutional; conviction and sentence affirmed on all other grounds.

Appellate Information

• Argued 03/23/2004
• Decided 05/16/2002
• Published 05/16/2002

Judges

• TASHIMA, Circuit Judge:, Before NOONAN, TASHIMA, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Gerald R. Smith, Assistant Federal Public Defender, Spokane, WA, for the defendant-appellant., Nancy D. Cook, Assistant United States Attorney, Coeur d'Alene, ID, for the plaintiff-appellee.