United States v. Garry R. Benish

OPINION OF THE COURT

SLOVITER, Chief Judge.

This appeal arises out of a judgment of conviction and sentence in a criminal case against Garry R. Benish for possession with intent to distribute in excess of 100 marijuana plants in violation of 21 U.S.C. § 841 (1988). Defendant Benish appeals the denial of his motion to suppress the evidence of the marijuana plants seized from his farm and the district court’s refusal to grant a downward departure in sentencing. We have jurisdiction under 28 U.S.C. § 1291 (1988).

I

FACTS AND PROCEDURAL HISTORY

On June 21, 1991, an employee of Central Electric…