(DOWNLOAD) "United States V. Holmes" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: United States V. Holmes
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 13, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
BOYCE F. MARTIN, JR., Circuit Judge. Robert Holmes and Daniel Ross appeal their convictions and sentences for (1) conspiracy to manufacture and possess with intent to distribute over 8,000 marijuana*fn1 plants, in violation of 21 U.S.C. § 846; (2) the unlawful manufacture of over 8,000 marijuana plants, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(A)(vii); and (3) possession with intent to distribute over 8,000 marijuana plants, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(A)(vii). Both men allege that Sentencing Guidelines § 2D1.1, United States Sentencing Commission, Guidelines Manual, § 2D1.1 (Nov. 1990), and 21 U.S.C. § 841(b)(1)(A)(vii) are unconstitutional. Holmes also alleges that the district court deprived him of his rights under the Confrontation Clause by enhancing his sentence based upon hearsay statements contained in a pre-sentence report. Finally, Holmes challenges a jury instruction. For the following reasons, we affirm.
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