[Download] "United States V. Zimmer" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: United States V. Zimmer
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 12, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The defendant, Charles Zimmer, appeals the District Court's denial of a motion to suppress and the sentence imposed after his plea of guilty to manufacturing marijuana. Richard Durfee of the Ogemaw County Sheriff's Department obtained a search warrant for the defendant's home after an informant allegedly told the police that Zimmer was growing marijuana on the premises. A heat imager determined that excessive heat was coming from the residence, and a power company check further revealed that the home used substantially more electricity than other neighborhood homes. The search of the house revealed that defendant maintained a sophisticated marijuana manufacturing operation in the basement where police confiscated 802 marijuana plants. Three rifles were also seized from the living area of Zimmer's home. After the defendant admitted growing marijuana in the past, the District Court added 200 plants/kilos as relevant conduct to the 800 plants/kilos which were actually confiscated. Although Zimmer cooperated, the District Court did not adjust his base offense level for acceptance of responsibility because he tested positive for marijuana use prior to sentencing. The court, however, enhanced the defendant's offense level for possession of the rifles found in the house during the search. The defendant's base offense level, including the weapons and relative conduct enhancements, was 34, with a criminal history category IV. The guideline range was 210 to 268 months, and the court sentenced Zimmer to 216 months. Without these two enhancements totalling 4 levels, the defendant's base offense level would have been 30, with a guideline range of 135 to 168 months.

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