Pubdate: Tue, 23 Oct 2007
Source: Sacramento Bee (CA)
Section: Page B-3
Copyright: 2007 The Sacramento Bee
Contact:  http://www.sacbee.com/
Details: http://www.mapinc.org/media/376
Note: Does not publish letters from outside its circulation area.
Author: Denny Walsh, Bee staff writer
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

MAN IS FREED IN POT CASE APPEAL

Judge Determines Grower Can't Be Sent Back To Prison.

A Sacramento federal prosecutor has conceded that a 3-year-old court 
of appeals order means marijuana defendant Bryan James Epis should 
not re-enter prison before his appeal has been decided.

Epis, 40, is the first person associated with a California cannabis 
buyers' club to be tried in federal court for growing marijuana.

In July 2002, a jury found Epis planned to eventually grow 1,000 
marijuana plants and that he did grow at least 100 plants in the 
spring of 1997 at his Chico residence.

On Aug. 10, 2004, the 9th U.S. Circuit Court of Appeals ordered Epis 
released pending appeal after he had served 25 months of the 10-year 
mandatory minimum sentence imposed by U. S. District Judge Frank C. 
Damrell Jr. in October 2002.

The three-judge circuit panel directed Damrell to reconsider the 
sentence in light of a U. S. Supreme Court ruling in a similar case.

Damrell resentenced Epis last month to the same 10-year term and set 
a hearing for Monday on defense attorney Brenda Grantland's motion 
for bail pending appeal.

But last week, Assistant U. S. Attorney Samuel Wong agreed with 
Grantland that the circuit's 2004 order freed Epis "pending the final 
resolution of the issues." Damrell entered an order Friday in accord 
with the attorneys' written stipulation and canceled Monday's hearing.
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MAP posted-by: Beth Wehrman