United States v. Martin Luther Mills, III

Martin Luther Mills III appeals his conviction for manufacturing and possessing with intent to distribute marijuana in violation of 21 U.S.C. § 841 . He argues that the district court abused its discretion by denying his motion to dismiss based on pre-accusatory delay, his motion for a new trial based on a juror’s introduction of extrinsic evidence into jury deliberations, and his motion to suppress evidence found in his backpack. He also contends that 21 U.S.C. § 841 is facially unconstitutional and that the court violated his Fifth and Sixth Amendment rights when it enhanced his sentence due to drug quantity and a prior conviction not proved at trial. Mills was sentenced to 10 years in prison. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Mills was charged with manufacturing and possessing with intent to distribute marijuana. The charges were based on the cultivation of 451 marijuana plants on the island of Kauai. State Department of Land and Natural Resources (“DLNR”) officers had “staked out” the growing site and its access trail. Mills was arrested after walking onto the trail at night. He claimed that he had been “deer stalking.”

The marijuana was located in…