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  5. 733 F.Supp. 1312 (1990)
 

U.S. v. FITOL

No. Cr. 3-89-118(01).

733 F.Supp. 1312 (1990)

UNITED STATES of America, Plaintiff, v. Rudolph C. FITOL, Defendant.

United States District Court, D. Minnesota, Third Division.

April 6, 1990.

Attorney(s) appearing for the Case

Jeffrey S. Paulsen, Asst. U.S. Atty., Minneapolis, Minn., for plaintiff.

Charles Hawkins, Minneapolis, Minn., for defendant.

AMENDED ORDER

DEVITT, District Judge.

A sentencing hearing was held in this matter on March 5, 1990 to determine whether defendant was growing "100 or more marihuana plants" within the meaning of 21 U.S.C. § 841(b)(1)(B)(vii). That section provides for a mandatory five year minimum sentence for violations of Section 841(a) involving "100 or more marihuana plants regardless of weight." Defendant contends that the marihuana "cuttings" he was cultivating...

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