United States v. Michael Carl Visman
Opinion
Opinion
Alarcon, J.
Michael Carl Visman (Visman) appeals from his conviction and sentence for three counts of violating the Comprehensive Drug Abuse Prevention and Control Act of 1970. Count I charged Visman with conspiracy to manufacture, possess with intent to distribute, and distribution of marijuana in violation of 21 U.S.C. §§ 846 and 841(a)(1). Count II charged Visman with manufacturing marijuana in violation of 21 U.S.C. § 841 (a)(1) and aiding and abetting in violation of 18 U.S.C. § 2 . Count III charged Visman with maintaining a place for the manufacture of marijuana in violation of 21 U.S.C. § 856 and aiding and abetting in violation of 18 U.S.C. § 2 . (ER 1-2).
PERTINENT FACTS
On October 13, 1989, officers from the United States Forest Service flew an aerial reconnaissance mission in search of suspected marijuana patches on National Forest lands in Camino, California. The agents observed a marijuana patch near the United States Forest Service nursery in a blackberry thicket on Visman’s property. The next day an eradication team returned to the area. They found a tunnel 50 to 70 feet long leading through the blackberry thicket to the marijuana patch.