United States v. John R. Marshall

BEAM, Circuit Judge.

John R. Marshall appeals a sentence of eighty-seven months imprisonment after a guilty plea to manufacturing and possessing with intent to manufacture in excess of one hundred marijuana plants. We affirm.

This case is before us for the second time. The district court originally sentenced Marshall to sixty-six months imprisonment, after a sua sponte downward departure from the United States Sentencing Guidelines. The government appealed that sentence and we remanded for resentencing. United States v. Marshall, 998 F.2d 634 (8th Cir.1993). We held that disagreement with the…