United States Ninth Circuit

Defendants' convictions and sentences arising from their operation of a medical marijuana growing operation and dispensary are affirmed where: 1) pursuant to Fed. R. Crim. P. 12, the district court could not resolve the parties' suppression issues before trial, and therefore it did not abuse its discretion when it denied defendants' request for an evidentiary hearing; 2) whether defendants were lulled into believing their marijuana operation was legal and done on the express authorization of agents who could bind the federal government necessitated a credibility determination that fell within the province of the jury; and 3) medical necessity was not a defense to manufacturing and distributing marijuana.

Appellate Information

• Decided 11/08/2010
• Published 11/08/2010

Judges

• Richard C. Tallman

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brenda Grantland, Anne Pings