Criminal Defense News

Humboldt County California Man Sentenced to Ten Years Imprisonment for Marijuana Cultivation

Defendant Possessed and Manufactured Over 1,000 Marijuana Plants

SAN FRANCISCO – United States Attorney Kevin V. Ryan announced that Timothy Dellas was sentenced to ten years in prison and five years supervised release for manufacturing marijuana and possessing marijuana with the intent to distribute. This sentence is the result of an investigation by the United States Drug Enforcement Administration, the Humboldt County Sheriff’s Office, and the Federal Bureau of Investigation.

Mr. Dellas, 51, of Manilla, California, was convicted on May 4, 2006 for the manufacture of marijuana and possession of marijuana with the intent to distribute by a San Francisco jury after a six-day trial. The jury determined that Mr. Dellas possessed and manufactured more than 1,000 marijuana plants.

Mr. Dellas was indicted by a federal grand jury on July 22, 2003. He was charged with manufacturing marijuana and possessing marijuana with the intent to distribute in violation of 21 U.S.C. § 841(a) and (b). The two count indictment specified that Mr. Dellas knowingly possessed and manufactured more than 1,000 marijuana plants.

Mr. Dellas was arrested during the execution of a search warrant at 3500 Elk Ridge Road, Briceland, California, a rural address in southern Humboldt County. In executing the search warrant, officers found Mr. Dellas in a residence that contained a large number of marijuana plants, a scale, and packaging materials. Further search of the property revealed two additional buildings converted for the production of marijuana. These buildings contained large quantities of marijuana plants and elaborate grow rooms with lighting and ventilation equipment to cultivate the plants. In one of these buildings, a sign warned against leaving fingerprints. Additionally, agents found facilities to “clone” marijuana by growing clippings from larger plants. In total, over 5,000 marijuana plants were found in these three buildings.

Mr. Dellas’s truck, which was also on the property, contained documents reflecting the commercial nature of the marijuana cultivation. Transactions amounting to hundreds of thousands of dollars were recorded. Receipts were projected in excess of a million dollars. In-partnership documents, expenses, and receipts were divided among the participants.

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	Did You Know?
	Miranda rule and Miranda rights are important The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. The rights include: a. The right to remain silent and to refuse to answer any questions; b. The right to know that anything the suspect says can and will be used against the suspect in a court of law; c. The right to consult with an attorney and to have an attorney present during questioning; d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.