RULING ON MOTION TO DECLARE THE PENALTY SCHEME OF THE STATUTE AND RELATED SENTENCING GUIDELINES UNCONSTITUTIONAL
DORSEY, District Judge.
On September 13, 1991, defendant plead to one count of growing in excess of 100 marijuana plants in violation of 21 U.S.C. § 841(a)(1). The penalty for this offense includes imprisonment for not less than 5 years, nor more than 40 years. 21 U.S.C.
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