United States v. Pisarski, No. 17-10428 (9th Cir. 2020)Annotate this Case
The Ninth Circuit affirmed the district court's pre-sentencing order enjoining the government from spending additional funds on the prosecution of defendants, who pleaded guilty to federal conspiracy to manufacture and possess with intent to distribute marijuana.
The panel held that the appropriations rider that prohibited the Department of Justice from using congressionally-allocated funding to prevent states from implementing their medical marijuana laws does not bar the government from spending funds on this appeal. The panel also held that the district court did not err in concluding that defendants met their burden to show that they were strictly compliant with the Medical Marijuana Program Act at the time of their arrest. In this case, the district court properly focused the McIntosh hearing on the conduct underlying the charge, and the district court's analysis of state law was not in error and its factual findings were not clearly erroneous.