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U.S. v. MILLER

No. CR 3-87-53.

680 F.Supp. 1189 (1988)

UNITED STATES of America v. Andy Kenneth MILLER, Jr. and Patrick Nelson Acuff.

United States District Court, E.D. Tennessee, N.D.

February 16, 1988.

Attorney(s) appearing for the Case

James R. Dedrick, Asst. U.S. Atty., Knoxville, Tenn., for plaintiff.

Ralph Harwell, Randolph Nichols, Knoxville, Tenn., for Miller.

Gerald C. Russell, Maryville, Tenn., for Acuff.

MEMORANDUM OPINION

JARVIS, District Judge.

Defendants Andy Kenneth Miller, Jr. and Patrick Nelson Acuff have filed a pre-trial motion for a ruling in limine on the issue of whether or not the Government will be permitted to include the weight of plant "stalks" in calculating the amount of marijuana for purposes of enhancement under 21 U.S.C. § 841(b)(1)(A)(vii). The issue is one of first impression...

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