Alden

MEMORANDUM *

Keith Alden, a medicinal user of marijuana, appeals his convictions under the Controlled Substances Act (“CSA”) of two counts of manufacturing a controlled substance (marijuana) in violation of 21 U.S.C. § 841 , and one count of maintaining a place for the manufacture of a controlled substance (marijuana) in violation of 21 U.S.C. § 856 . We affirm and remand the sentence.

Alden began using medicinal marijuana at the recommendation of his physician, who believed that the drug would help control Alden’s mood disorders. In the fall of 2000, Alden began cultivating marijuana both for his own needs and for distribution to local cannabis clubs. On May 9, 2001, federal agents executed a search warrant on Alden’s property and observed more that 1,000 marijuana plants in various stages of growth and harvest. He was later convicted of cultivation of marijuana and sentenced to a five-year term of probation.

A mere two weeks after judgment was entered, Alden was again discovered growing marijuana plants on his property. He was again charged, tried, and convicted, and was sentenced to 44 months’ imprisonment for this second conviction, as well as an additional 12 months’…