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Author Topic: Medical-marijuana grower busted by DEA pleads guilty 10/22/10  (Read 3863 times)
Quietus
Cannabis Scholar
*****
Posts: 537



« on: October 22, 2010, 03:10:10 AM »

Quote
Medical-marijuana grower busted by DEA pleads guilty

Christopher Bartkowicz, 37, heads to the federal courthouse in Denver on Thursday. The Highlands Ranch man had shown his growing operation on 9News in February. ( John Prieto, The Denver Post )

Christopher Bartkowicz walked out of a federal courtroom in handcuffs Thursday after pleading guilty to drug charges stemming from a raid on his medical-marijuana-growing operation.

In what is believed to be the first federal conviction of a medical-marijuana grower in Colorado, Bartkowicz, 37, pleaded guilty to three counts related to the operation, which he ran from his Highlands Ranch home and showed to a television news crew just before his arrest.

Under an agreement with prosecutors, Bartkowicz is expected to receive five years in prison and a fine when he is sentenced. If the judge does not accept that sentence, Bartkowicz can change his plea again and go to trial.

"That sentence is appropriate and proportionate given the circumstances of this specific crime," U.S. Attorney John Walsh said in a statement following the hearing.

Bartkowicz did not comment when entering the federal courthouse before the hearing but said he would make a statement once the hearing was over. However, Judge Philip Brimmer, at the prosecution's urging, ordered Bartkowicz to be detained at the end of the hearing.

Bartkowicz's attorney, Joseph Saint-Veltri, protested, saying immediate detention wasn't part of the agreement and suggesting the prosecution had ulterior motives for Bartkowicz's detention. Afterward, Saint-Veltri declined to comment other than to hint that Bartkowicz's statement to the media wouldn't have been kind to the Drug Enforcement Administration.

The plea capped a trip through the federal justice system for Bartkowicz that began in February on the day 9News was to air an interview it conducted with him in which he talked about the sizeable marijuana-growing operation. DEA agents saw a story about the interview posted on 9News' website and swooped in on his house, arresting Bartkowicz and seizing hundreds of plants.

Bartkowicz has maintained that his plants were legal under state law because he was a caregiver to several medical-marijuana patients and planned to sell any excess to dispensaries. Federal officials have said Bartkowicz had more plants than state law allowed and noted that his house was less than 1,000 feet from a school.

Brimmer ruled Bartkowicz would not be able to raise a medical defense at his trial. Because he had two prior marijuana convictions at the state level, he faced a minimum of 10 years and a maximum of life in prison if convicted of the charges facing him.

During the plea hearing Thursday, Bartkowicz three times spoke the word "guilty" when asked how he pleaded to the charges facing him.

No medical-marijuana advocates, who have often attended his court proceedings or protested outside, were in the courtroom.

A competing hearing on new state rules for the medical-marijuana industry apparently kept many away.

John Ingold: 303-954-1068 or jingold@denverpost.com


http://www.denverpost.com/news/marijuana/ci_16402868#ixzz134aLsUN2
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Pallidus127
Protestor
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Posts: 184


« Reply #1 on: October 23, 2010, 12:15:39 AM »

"Quick!  Quick!  Get a precedent before California legalizes!"
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Quietus
Cannabis Scholar
*****
Posts: 537



« Reply #2 on: October 23, 2010, 02:41:37 AM »

"Quick!  Quick!  Get a precedent before California legalizes!"


Lol!  I don't think it's that, as they already have all the precedent they need in Raich v Gonzales.

The guy appears to be an idiot, just asking for trouble flaunting his grow on TV after multiple previous marijuana convictions.  Looking through the history of motions there is some real comedy, such as his lawyer asking for a continuance back in April when he was unable to locate his client due to a claimed dead cell phone or some such.

The really interesting thing is he tried to claim that he should not be prosecuted under federal law, as he started his growing operation only after seeing Holder releasing the memo stating the DOJ would not prosecute medical marijuana cases in states that allow it.  Well obviously a memo does not invalidate current law so his motion was denied.

Hell, he should have known anyway as I think collectives were back to being raided by the federal government like a week after the memo?

If you want to look the case number is 1:10-cr-00118-PAB.

http://www.justice.gov/usao/co/press_releases/2010/May10/bartkowicz_indictment.pdf

Code:
COUNT ONE:
Title 21 United States Code, Section 841(a)(1) and (b)(1)(B)(vii)
Distribution and Possession with Intent to Distribute 100 or more marijuana
plants, regardless of weight                                                                                         
                                             
COUNT TWO:
21 United States Code, Section 856(a)(1)
Maintaining drug-involved premises.

COUNT THREE:
21 United States Code, Section 860
Distribution or Manufacturing in or near schools

With penalties of 20, 40 and 60 years respectively and somewhere around $10 million dollars in cash, what probably happened with the sudden guilty plea was the government twisting his arm big time.  "Plead guilty or we will make you an example case and you will never see daylight."  Basically the Obama administration sending a warning to California over Prop 19, adding some teeth to Holder's letter.

I hope someone gets to interview him, really would have liked to hear what he wanted to say.
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Quietus
Cannabis Scholar
*****
Posts: 537



« Reply #3 on: October 25, 2010, 04:23:18 PM »

Quote
STATEMENT BY U.S. ATTORNEY JOHN WALSH REGARDING GUILTY PLEA BY CHRISTOPHER BARTKOWICZ

Announcements
North America
Source: US Department of Justice, US Attorney's Office
Posted on Monday, October 25, 2010

October 21, 2010 - LawFuel.com - “Today Christopher Bartkowicz pled guilty to all three counts related to marijuana cultivation as charged by a federal grand jury. In response, the government withdrew the sentencing enhancement regarding one of the defendant’s prior felony drug convictions. If the plea agreement is ultimately accepted by the judge, Bartkowicz faces a mandatory minimum of 5 years in federal prison. That sentence is appropriate and proportionate given the circumstances of this specific crime.”

####
United States Attorney’s Office Press Releases are also on the Internet
Visit http://www.usdoj.gov/usao/co

Jeff Dorschner
Spokesman, Public Affairs Officer
U.S. Department of Justice

United States Attorney's Office, District of Colorado
303-454-0243 direct; 303-489-2047 cell phone
jeffrey.dorschner@usdoj.gov
http://www.justice.gov/usao/co


http://lawfuel.com/releases/statement-by-u-s--attorney-john-walsh-regarding-guilty-plea-by-christopher-bartkowicz-27414/
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