United States v. Mark R. Hanna

In this case we are called upon to determine whether the district court'imposed an unlawful sentence. For the reasons which follow, we vacate the sentence and remand the case for resentencing before a different judge.

FACTS AND PRIOR PROCEEDINGS

In December 1992 law enforcement officials executed a federal search warrant on property located in Olympia, Washington, where they discovered an 8-acre, 975-plant marijuana grow operation. They arrested Jon Harader, who was living on the property at the time. Documentation found on the premises indicated that the property was owned by a “Clifford Foster” in the care of Mark Hanna, a local attorney. A subsequent search of Hanna’s residence revealed documents and money orders in the name of Clifford Foster.

Although not yet formally charged with any crime, Hanna, accompanied by counsel, turned himself in to authorities on January 5, 1993. Hanna proved to be very cooperative. He stated that Clifford Foster was a pseudonym for an old friend, Ronald Bennett, and that he (Hanna) purchased the Olympia property in 1985 on behalf of Bennett, who wanted to grow marijuana. Hanna explained that he helped Bennett set up the marijuana operation in…