United States v. Larry W. McMahon

Defendant-appellant Larry W. McMahon was charged with possession of more than one hundred marijuana plants, found guilty after a jury-waived trial and sentenced by the district court to the mandatory minimum sentence of five years required by 21 U.S.C. § 841(b)(1)(B) (1988). 1 He now appeals, claiming that: 1) his pretrial motion to suppress evidence was wrongly denied because he did not voluntarily consent to the search of his property; and 2) the penalty provisions of 21 U.S.C. § 841(b)(1)(B) violate due process and equal protection because they ambiguously mandate imprisonment, fine “or…