MIAMI – Convicted pot grower Kobie O. Gary is expected to learn his fate Thursday during the final scheduled day of his federal sentencing hearing on marijuana charges.
With more than 50 friends and family members supporting him Wednesday in federal court, including his father famed Stuart attorney Willie Gary, the courthouse is expected to be packed again Thursday.
In January pleaded guilty to conspiracy to manufacture and distribute more than 100 marijuana plants.
U.S. District Judge K. Michael Moore could sentence Kobie Gary, 30, of Jensen Beach, to a mandatory minimum of five years behind bars and up to a $2 million fine.
During the first day of his sentencing that lasted more than nine hours, Gary's team of attorneys repeatedly attacked statements made by his co-defendants, who have largely fingered him as the ringleader of a pot growing operation inside a Hobe Sound home dismantled by authorities Oct. 27, when Gary was arrested.
Gary's co-defendants, Stephen Shepherd, 33, of Hobe Sound; Scott Gibson, of Stuart, and David Grant, 26, of Jensen Beach, have all pleaded guilty to the same offense.
His attorneys argued for Moore to throw out a statement Grant gave to authorities, which pointed to Gary as the group's financier and boss of the marijuana operation that netted 237 plants. They insisted he shouldn't be believed and had his own motives for cooperating with federal officials.
But under questioning by Assistant U.S. Attorney Carmen Lineberger, Grant testified that Gary recruited him to join the operation because of his expertise with air conditioning and electrical work.
"Who paid for the operation of the grow house?" Lineberger asked Grant.
"Kobie Gary," he replied.
"Who paid the utilities," she pressed.
"Kobie Gary," Grant repeated.
"Who paid for the lease?" Lineberger asked.
"Kobie," he said.
When Kobie Gary later took the stand however, he insisted the operation was controlled by co-defendant Scott Gibson, who is scheduled to be sentenced in June.
Gary's Miami attorney, Jeffrey Weiner led him through a series of questions to support their position that while Gary may have financed things, he wasn't in charge.
"I was to pay for everything and basically receive marijuana in return," said Gary, dressed in tan jail scrubs and wearing leg chains.
"Were you required to know anything about how to run the operation?" Weiner asked.
"No," he replied, "I wouldn't have any idea what was needed. Scott (Gibson) told me he needed the money and that's how I fit into this."
After hearing from both men, Moore refused to dismiss Grant's statement, which could go against Gary in calculating his ultimate punishment.
Moore noted that while Gary admitted to his participation, he appeared to "minimize" his role in the grow house, and found his testimony was "not credible" to support throwing out Grant's statement.
Gary's legal team are expected to argue that he qualifies for a "safety valve exception," which allows the court to sentence him to a shorter prison term provided Moore is convinced he wasn't a ringleader or used guns in the offenses.
In court papers, the attorneys are recommending a two-year sentence: one year of incarceration and another year of substance abuse treatment supervised by the court.
After court, Willie Gary appeared weary but confident.
"I thought we made a lot of progress. I think the judge is seeing the co-defendants for what they are," Gary said. "There's no question Kobie got used for his money. But that's no excuse."
News Hawk: Warbux 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: TCPalm.com
author: Melissa E. Holsman
Contact: Melissa E. Holsman, staff writer - TCPalm.com's Department
Copyright: 2010 TCPalm.com
Website: Kobie Gary's federal marijuana conviction sentencing expected Thursday TCPalm.com
With more than 50 friends and family members supporting him Wednesday in federal court, including his father famed Stuart attorney Willie Gary, the courthouse is expected to be packed again Thursday.
In January pleaded guilty to conspiracy to manufacture and distribute more than 100 marijuana plants.
U.S. District Judge K. Michael Moore could sentence Kobie Gary, 30, of Jensen Beach, to a mandatory minimum of five years behind bars and up to a $2 million fine.
During the first day of his sentencing that lasted more than nine hours, Gary's team of attorneys repeatedly attacked statements made by his co-defendants, who have largely fingered him as the ringleader of a pot growing operation inside a Hobe Sound home dismantled by authorities Oct. 27, when Gary was arrested.
Gary's co-defendants, Stephen Shepherd, 33, of Hobe Sound; Scott Gibson, of Stuart, and David Grant, 26, of Jensen Beach, have all pleaded guilty to the same offense.
His attorneys argued for Moore to throw out a statement Grant gave to authorities, which pointed to Gary as the group's financier and boss of the marijuana operation that netted 237 plants. They insisted he shouldn't be believed and had his own motives for cooperating with federal officials.
But under questioning by Assistant U.S. Attorney Carmen Lineberger, Grant testified that Gary recruited him to join the operation because of his expertise with air conditioning and electrical work.
"Who paid for the operation of the grow house?" Lineberger asked Grant.
"Kobie Gary," he replied.
"Who paid the utilities," she pressed.
"Kobie Gary," Grant repeated.
"Who paid for the lease?" Lineberger asked.
"Kobie," he said.
When Kobie Gary later took the stand however, he insisted the operation was controlled by co-defendant Scott Gibson, who is scheduled to be sentenced in June.
Gary's Miami attorney, Jeffrey Weiner led him through a series of questions to support their position that while Gary may have financed things, he wasn't in charge.
"I was to pay for everything and basically receive marijuana in return," said Gary, dressed in tan jail scrubs and wearing leg chains.
"Were you required to know anything about how to run the operation?" Weiner asked.
"No," he replied, "I wouldn't have any idea what was needed. Scott (Gibson) told me he needed the money and that's how I fit into this."
After hearing from both men, Moore refused to dismiss Grant's statement, which could go against Gary in calculating his ultimate punishment.
Moore noted that while Gary admitted to his participation, he appeared to "minimize" his role in the grow house, and found his testimony was "not credible" to support throwing out Grant's statement.
Gary's legal team are expected to argue that he qualifies for a "safety valve exception," which allows the court to sentence him to a shorter prison term provided Moore is convinced he wasn't a ringleader or used guns in the offenses.
In court papers, the attorneys are recommending a two-year sentence: one year of incarceration and another year of substance abuse treatment supervised by the court.
After court, Willie Gary appeared weary but confident.
"I thought we made a lot of progress. I think the judge is seeing the co-defendants for what they are," Gary said. "There's no question Kobie got used for his money. But that's no excuse."
News Hawk: Warbux 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: TCPalm.com
author: Melissa E. Holsman
Contact: Melissa E. Holsman, staff writer - TCPalm.com's Department
Copyright: 2010 TCPalm.com
Website: Kobie Gary's federal marijuana conviction sentencing expected Thursday TCPalm.com
