United States v. Jacobs

OPINION

SHEDD, District Judge.

This matter is before the Court on the Government’s appeal of a sentence imposed by the Honorable E.S. Swearingen, United States Magistrate Judge, upon the defendant, Brenda Jacobs. Jacobs was charged with and pled guilty to possession of marijuana in violation of 21 U.S.C. § 844 and driving under the influence, second offense, in violation of South Carolina Code section 56-5-2930, assimilated by 18 U.S.C. § 13 (the Assimilative Crimes Act).1 The Government objects to the magistrate judge’s decision not to impose the minimum fíne for driving under the influence,…