United States v. Michael James Sandsness

Michael Sandsness appeals his sentence for selling drug paraphernalia in interstate commerce. He claims that 21 U.S.C. § 857 (1988) (now 21 U.S.C. § 863 (1992)), the statute defining the crime to which he pleaded guilty, is vague and overbroad. He also claims that the sentencing judge erred in enhancing his sentence for his managerial role in the offense because the statute is vague as applied with respect to other sales to which he did not plead guilty. We affirm.

Defendant managed two stores in Oregon which sold grow lights, electrical transformers, and other items which have innocent uses. This equipment can also be used to grow marijuana indoors. An employee with knowledge that the merchan dise was to be used for the production of marijuana sold some of the items to a government undercover agent. The defendant entered an Alford plea:

The government recommended several upward adjustments in the offense level. The court increased the sentence two levels in light of the defendant’s managerial status under United States Sentencing Commission, Guidelines Manual (U.S.S.G.), § 3Bl.l(c) (Nov. 1991):

Judge Hogan sentenced the defendant to 16 months in prison, the maximum sentence at…