United States v. Paul Dean Smith

JOHN R. GIBSON, Circuit Judge.

Paul Dean Smith appeals the sentence imposed by the district court 1 on his guilty plea to possession of marijuana with intent to distribute it in violation of 21 U.S.C. §§ 841(a)(1) and 845(a). The only issue on appeal is the claimed unconstitutionality of the statute and guideline basing sentencing on the number of marijuana plants. 21 U.S.C. § 841(b)(l)(A)(vii) and U.S.S.G. § 2Dl.l(c). We affirm.

Smith admitted planting and tending a marijuana crop within 1000 feet of a public school. Local law enforcement authorities seized 1010 plants from the crop. The…