PEOPLE OF MI V ELVIS EUGENE EDGER PEACOCK
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 16, 1999
Plaintiff-Appellee,
v
No. 198949
Mecosta Circuit Court
LC No. 95-003683 FH
ELVIS EUGENE EDGER PEACOCK,
Defendant-Appellant.
Before: Markman, P.J., and Bandstra and J.F. Kowalski*, JJ.
MEMORANDUM.
Defendant pleaded guilty to possession with intent to deliver less than five kilograms or fewer
than twenty plants of marijuana, MCL 333.7401(1) and (2)(d)(iii); MSA 14.15(7401)(1) and
(2)(d)(iii), and was sentenced to thirty-two to forty-eight months’ imprisonment. Defendant appeals by
leave granted. We affirm.
We decline defendant’s invitation to determine whether the Michigan Sentencing Guidelines
apply to a conviction for possession with intent to deliver marijuana secured pursuant to §
7401(2)(d)(iii). The guidelines do not have the force of law. People v Mitchell, 454 Mich 145, 175;
560 NW2d 600 (1997). Accordingly, the scoring of the guidelines is not an end in itself but rather a
means to achieve a proportionate sentence. People v Raby, 456 Mich 487, 496; 572 NW2d 644
(1998). In the instant case, defendant has not challenged the proportionality of his sentence. Our
review of the record reveals the sentence to be proportionate, particularly in light of the benefit
bestowed upon defendant by the plea agreement, the duration of defendant’s involvement in marijuana
trafficking and the amount of marijuana sold by defendant. People v Milbourn, 435 Mich 630; 461
NW2d 1 (1990); People v Dixon, 217 Mich App 400, 412; 552 NW2d 663 (1996). Because
defendant’s sentence is not disproportionate, there is no basis for
* Circuit judge, sitting on the Court of Appeals by assignment.
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relief on appeal. Raby, 456 Mich 496; Mitchell, 454 Mich 176-177.
Affirmed.
/s/ Stephen J. Markman
/s/ Richard A. Bandstra
/s/ John F. Kowalski
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