Pubdate: Tue, 12 Sep 2000
Source: Associated Press
Copyright: 2000 Associated Press

9TH US CIRCUIT COURT OF APPEALS REDUCES SENTENCE

A federal appeals court in San Francisco has reduced a North Coast marijuana
sentence in a ruling that could affect dozens of pending and future drug
cases. The 9th U.S. Circuit Court of Appeals said yesterday that juries and
not judges must decide on the amount of drugs involved in a criminal case
when the amount is a factor that could increase a sentence.

The court reduced Humboldt County property owner Kayle Nordby's sentence for
marijuana conspiracy, manufacturing and possession from 10 years to five
years.

U.S. District Judge Vaughn Walker of San Francisco had imposed the penalty
after concluding during sentencing that Nordby was responsible for at least
1,000 plants.

Nordby admitted to growing some plants, but contended he was not responsible
for most of the 2,308 plants found on his property in 1993. The jury in his
trial in Walker's court found only that he produced a "detectable amount" of
marijuana and was not asked to determine a specific amount.

The appeals court said its ruling was required by a decision in which the
U.S. Supreme Court said in a New Jersey case in June that any fact that
increases a sentence "must be submitted to a jury and proved beyond a
reasonable doubt."

Barry Portman, the chief federal public defender for Northern California,
estimated the circuit court ruling will require resentencing in at least
several dozen drug cases now on appeal in nine western states.
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