What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation?

MultiRegion, United States of America

The following excerpt is from U.S. v. Reveles-Espinoza, 522 F.3d 1044 (9th Cir. 2008):

outside a structure "containing drying marijuana plants"); see also Application Note 1 to U.S.S.G. 2D1.1; United States v. Moses, 289 F.3d 847, 850 (6th Cir.2002); United States v. Raines, 243 F.3d 419, 422 (8th Cir.2001); United States v. Smith, 51 F.3d 980, 981 (11th Cir.1995) (per curiam); United States v. Webb, 945 F.2d 967, 968 (7th Cir.1991); United States v. 40 Moon Hill Road, 884 F.2d 41, 44 (1st Cir.1989). By pleading guilty to a violation of 11358, Reveles-Espinoza thus admitted guilt of activities that are clearly within the ambit of the federal felony of manufacturing marijuana.

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