Is there any case law in which a defendant can challenge a finding that his criminal convictions involved more than 1,000 marijuana plants?
MultiRegion, United States of America
The following excerpt is from U.S. v. Stockdale, 993 F.2d 886 (9th Cir. 1993):
Stockdale challenges the district court's finding that, for sentencing purposes, his offenses involved more than 1000 marijuana plants, because, he claims, only 680 plants could have been harvested. Neither the statute nor the guideline limit the count to harvestable plants. Cf. United States v. Corley, 909 F.2d 359, 361 (9th Cir.1990).
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