United States v. James Russell Crook
Court of Appeals for the Ninth Circuit
1Opinion of the Court
RYMER, Circuit Judge:
The United States appeals the district court’s downward departure in sentencing James Russell Crook after a plea of guilty to manufacturing 751 marijuana plants, in violation of 21 U.S.C. § 841(a)(1). The district court departed one level based on its finding that Crook believed he was growing the plants for personal use, and one level because Crook lost his family home in civil forfeiture proceedings. We have jurisdiction pursuant to 18 U.S.C. § 3742(b) and 28 U.S.C. § 1291, and we hold that the district court incorrectly relied on forfeiture as a ground for departure…
2Cases cited10 opinions
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