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knowingly and intentionally possess with intent to distribute and
to distribute 1,000 kilograms or more of a mixture or substance
containing a detectable amount of marijuana and one thousand or
more marijuana plants, a Schedule I controlled substance in
violation of Title 21, United States Code, Section 841(a)(1)(A)
and 846.
In the tenth count of the indictment the grand jury charged
petitioner with possessing marijuana with intent to distribute.
The tenth count read as follows:
The Grand Jury charges:
1. That from in or about June 1990 to in or about September
1990, within the Northern District of Alabama, the defendant,
EDDIE CHANDLER [petitioner], did unlawfully, knowingly and
intentionally possess with the intent to distribute and
distributed marijuana, a Schedule I controlled substance, in
violation of Title 21, United States Code, Section 841(a)(1).
Initially, petitioner pleaded not guilty to the charges set
forth in the indictment. However, on February 14, 1991, 2 days
after his jury trial began, petitioner changed his plea and
pleaded guilty to the tenth count of the indictment pursuant to
an agreement reached with the U.S. Attorney.
On April 25, 1991, the District Court dismissed the first
count of the indictment against petitioner on the oral motion of
the U.S. Attorney and imposed its sentence on petitioner relative
to his guilty plea to the tenth count of the indictment.
Petitioner received 8 months in prison and 5 years of supervised
release subject to the special condition that he participate in a
substance abuse program, including drug testing, as directed by
the U.S. Parole Office. The Court declined to impose a fine on
petitioner because of his inability to pay.
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