State v. Carey

The defendant, William Anthony Carey, pleaded guilty to a charge of unlawful possession of marijuana with intent to distribute. The District Court imposed a sentence of not less than 1 year nor more than 2 years imprisonment and a fine of $2,000. In this appeal the defendant contends that the sentence was excessive; that it was based upon erroneous information in the presentence report; and that he was therefore denied due process.

At the time of his arrest the defendant was the driver of a pickup camper which contained 43 burlap bags of marijuana weighing 2,086 pounds. The defendant knew that…