Rosenthal

SENTENCING MEMORANDUM

A jury convicted defendant Edward Ro-senthal of violating the federal Controlled Substances Act. The charges arose out of the defendant’s cultivation of marijuana at 1419 Mandela Parkway in Oakland, California. Prior to sentencing the parties filed two memoranda each on the issues to be decided and identified the evidence they wanted the Court to consider. See United States Sentencing 'Guideline (“USSG”) § 6A1.3. The Court also reviewed the sentencing recommendation of the United States Probation Office. On June 4, 2003, after oral argument from the parties, the Court sentenced the defendant to a one-day term of imprisonment. This Memorandum sets forth the Court’s findings and reasoning in addition to what was stated in open court at the time of sentencing.

DISCUSSION

In a federal criminal proceeding, such as this, a defendant’s sentence is determined by the United States Sentencing Guidelines (“USSG”). See Koon v. United States, 518 U.S. 81, 85 , 116 S.Ct. 2035 , 135 L.Ed.2d 392 (1996). “A district court must impose a sentence within the applicable Guideline range, if it finds the case to be a typical one.” Id. The first step, then, is to determine the…