by
Michael Foley
Yesterday,
Robert Schmidt who was busted by the DEA in Sonoma Co. operating Genesis:129
and in possession of over 3,000 cannabis plants changed his plea from
not guilty to guilty. In exchange for his guilty plea the government
issued a superceding indictment charging Robert with maintaining a
place for manufacture of marijuana. This charge carries no mandatory
minimum sentence. Robert had been looking at a mandatory 10 to life.
During the exchange, Judge Breyer questioned the government's consistency
in dealing with medical marijuana cases and said that the greatest
misuse of prosecutorial power is in the way the charges are brought
against defendants. Essentially, defendants are coerced into pleading
to offenses which carry lesser sentences in order that the government
gets its conviction without going to trial. Breyer said that he was
"keeping track" of the way the government brought charges
against particular defendants and noted that although Schmidt had
over 3,000 plants the government was willing to let him plea to a
lesser charge and in the Rosenthal case where he had under 1,000 plants
the government was seeking 7 years.
Judge Breyer brought up Congress' reaction to downward departure from
the sentencing guidelines. They exclaim that "These departures
are way out of hand. Of course they never complain about the 5k,"...departure.
The 5k is the departure allowed to a defendant who provides information
in exchange for leniency at sentencing. The judge seemed most offended
by this.
Judge Breyer also asked the U.S. attorney if he had any idea why his
sentence in the Rosenthal trial was being appealed. "I just don't
want to make the same mistake again," said Breyer. Congress watches
me. You (the prosecutors) are watching me, I just want you to know
that I'm watching you (speaking of the way that defendants are being
charged). So we will all just happily watch each other."
8-10 medical marijuana supporters peppered the courtroom during the
hearing.
Robert Schmidt remains free on bail pending his sentencing on October
15th, 2003.
As an aside, don't forget that Friday July 11th (tomorrow) @ 9am Dr.
Todd will have a hearing at the state building in Oakland 1515 Clay
St. ste. 206. He really needs your support! Todd has been there for
the medical marijuana community for thirty years. Be there for him.
