United States v. Rickie Albert Scalia

CYR, Circuit Judge.

Appellant Rickie Albert Scalia entered a conditional guilty plea, see Fed.R.Crim.P. 11(a)(2), following the district court’s denial of his motion to suppress evidence seized from his residence pursuant to a search warrant. He now appeals, see id,., his conviction for unlawful “manufacture” of marijuana, 21 U.S.C. § 841(a)(1); 18 U.S.C. § 2, and a criminal forfeiture conviction under 21 U.S.C. § 853. Scalia also challenges the mandatory minimum five-year sentence imposed pursuant to 21 U.S.C. § 841(b)(l)(B)(vii) (minimum sentence of five years for “manufacture” of one…