United States v. Matthew Henry Leppa

LAY, Circuit Judge.

Matthew Henry Leppa appeals the sentence imposed by the district court. We reverse.

BACKGROUND

On May 10, 2005, Leppa was charged by indictment with several controlled substance violations stemming from a marijuana growing operation. Pursuant to a plea agreement, Leppa pled guilty to one count of conspiracy to manufacture fifty or more marijuana plants, in violation of 21 U.S.C. § § 841 and 849. The plea agreement contemplated a sentencing range of 36 to 47 months of imprisonment, and a statutory minimum term of at least three years of supervised release.

Prior to sentencing,…