MADISON - An Argyle man was sentenced Tuesday in federal court to 10 years in prison for conspiring to grow marijuana last summer in Green County.
Steven G. Nelson, 60, wanted in on one last grow operation in order to buy a house to share with his girlfriend.
Nelson teamed with Kelvin Johnson, of the town of Washington, with Johnson agreeing to supply the labor and potential customers and Nelson providing the know-how, according to a document Nelson's attorney, Kelly Welsh filed with the court.
However, the patch along County C with about 145 plants was discovered last June and harvested without Johnson or Nelson profiting from it, Welsh wrote.
Nelson and Johnson were arrested and indicted in September. Both pleaded guilty to the drug conspiracy charge earlier this year.
Last month District Judge Barbara Crabb put Johnson on four years supervised release and ordered him to pay $25,000 in lieu of the government seizing his residence which had been used to start marijuana seedlings.
Crabb noted Johnson's steady work history and lack of prior conviction in not imposing a prison sentence. However, Nelson's three prior drug convictions qualified him as a "career criminal" under advisory sentencing guidelines and subjected him to 15 to nearly 20 years in prison.
Welsh argued that a 15-year sentence for Nelson, a diabetic with physical disabilities, amounts to a life sentence for someone with a life expectancy of only 15 and a half more years.
Instead, Welsh asked for a five-year sentence followed by four years on supervised release.
Crabb agreed that Nelson's declining health and age warranted a sentence below the guideline punishment range, saying 10 years followed by four years supervised release was sufficient to protect the community and didn't under represent the seriousness of the offense.
Based on the number of pot plants, Crabb found that growing operation equaled 90 pounds of marijuana.
Nelson, who has been detained since his arrest, will begin serving his sentence immediately.
Steven G. Nelson, 60, wanted in on one last grow operation in order to buy a house to share with his girlfriend.
Nelson teamed with Kelvin Johnson, of the town of Washington, with Johnson agreeing to supply the labor and potential customers and Nelson providing the know-how, according to a document Nelson's attorney, Kelly Welsh filed with the court.
However, the patch along County C with about 145 plants was discovered last June and harvested without Johnson or Nelson profiting from it, Welsh wrote.
Nelson and Johnson were arrested and indicted in September. Both pleaded guilty to the drug conspiracy charge earlier this year.
Last month District Judge Barbara Crabb put Johnson on four years supervised release and ordered him to pay $25,000 in lieu of the government seizing his residence which had been used to start marijuana seedlings.
Crabb noted Johnson's steady work history and lack of prior conviction in not imposing a prison sentence. However, Nelson's three prior drug convictions qualified him as a "career criminal" under advisory sentencing guidelines and subjected him to 15 to nearly 20 years in prison.
Welsh argued that a 15-year sentence for Nelson, a diabetic with physical disabilities, amounts to a life sentence for someone with a life expectancy of only 15 and a half more years.
Instead, Welsh asked for a five-year sentence followed by four years on supervised release.
Crabb agreed that Nelson's declining health and age warranted a sentence below the guideline punishment range, saying 10 years followed by four years supervised release was sufficient to protect the community and didn't under represent the seriousness of the offense.
Based on the number of pot plants, Crabb found that growing operation equaled 90 pounds of marijuana.
Nelson, who has been detained since his arrest, will begin serving his sentence immediately.