United States Ninth Circuit

A conviction for knowingly and unlawfully distributing marijuana to a person under the age of twenty-one, specifically, defendant's eighteen-month-old daughter, is affirmed over claims of improper admission of evidence and insufficiency of the evidence, but her five-year sentence is vacated as the applicable statutory maximum was two years.

Appellate Information

• Argued 05/04/2006
• Decided 09/22/2006
• Published 09/22/2006

Judges

• POLLAK, District Judge:, Before A. WALLACE TASHIMA and WILLIAM A. FLETCHER, Circuit Judges, and LOUIS H. POLLAK, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven C. Babcock (argued) and Anthony R. Gallagher, Federal Defenders of Montana, Billings, MT, for the plaintiff-appellant.


• For Appellees:
  
• Marcia Hurd (argued) and William W. Mercer, Office of the United States Attorney, Billings, MT, for the defendant-appellee.