U.S. v. Shields

COX, Circuit Judge: The primary issue in this appeal is whether, under 21 U.S.C. § 841 and U.S.S.G. § 2D1.1, a marijuana grower who is apprehended after his marijuana crop has been harvested should be sentenced according to the number of plants involved in the offense or according to the weight of the marijuana. A panel of this court held that, under our precedents, a grower who is apprehended after harvest may not be sentenced according to the number of plants involved. United States v. Shields, 49 F.3d 707, 712-13 (11th Cir. 1995). We vacated the panel opinion and granted rehearing en banc. United States v. Shields, 65 F.3d 900 (11th Cir. 1995). We hold that a defendant who has grown and harvested marijuana plants should be sentenced according to the number of plants involved, and affirm the district court.