United States v. Hallum

LOGAN, Circuit Judge.

Defendants R.J. Blackburn, James Curtis Hallum and Delton Wayne Hilton all pleaded guilty to one count of manufacturing and distributing marijuana, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The district court sentenced all three to the mandatory statutory minimum sixty-month sentence after finding they did not meet the criteria at USSG § 5C1.2 that would allow departure below the mandatory statutory minimum sentence. The district court found that all three defendants failed to meet the USSG § 5C1.2(2) requirement that “the defendant did not ... possess a…