United States v. Bruce M. Carlisle

Bruce Carlisle pleaded guilty to charges of manufacturing marijuana by propagation and appeals his sentence. He challenges the court’s inclusion of marijuana cuttings in calculating his base offense level under the Sentencing Guidelines, and its application of the acceptance of responsibility provision.

BACKGROUND

An agent from the Drug Enforcement Agency searched Carlisle’s home and discovered an indoor marijuana cultivation operation that included a security system, lighting and a venting system. He found 182 mature marijuana plants, 384 cuttings from marijuana plants and approximately three kilograms of packaged marijuana.

Carlisle was charged with manufacturing marijuana by propagation. Following a guilty plea, the probation office prepared a presentence report. It recommended a base offense level of 20 based on the amount of marijuana discovered in his home. United States Sentencing Commission, Guidelines Manual, § 2Dl.l(c) (June 1988) (hereinafter “1988 Guidelines”). Although Carlisle submitted a written statement admitting his actions, the report recommended that no departure be made from the guidelines based on acceptance of responsibility. The district court accepted…