Last week, the last remaining defendant in the Schweder marijuana cultivation case before Judge Mueller was sentenced to time served, that is, the few days he had already served in custody before he bailed out in 2011. The defendants were sentenced from a high of 162 months (Bryan Schweder) to time served. Schweder is the only defendant to appeal. The government's motion to dismiss his appeal, No. 16-10272, because of an appeal waiver in his plea agreement is pending before the Ninth Circuit.
For those of you who've complained about the Obama administration's treatment of marijuana, it may get far worse. President-Elect Trump's nominee for Attorney General, Jeff Sessions, has been a staunch foe of marijuana legalization and reportedly once said he was ok with the KKK until he learned they smoked pot. The NY Times notes that under Sessions' leadership the Department of Justice could sue California to stop implementation of recently passed Prop 64, and I'd add the feds' policy of not seeking mandatory-minimum sentences in all drug cases could very well be coming to an end.
Yes, I'm back.