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Appeals court vacates medical marijuana provider's sentence after US argues it was too lenient

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HELENA, Montana — A panel of appellate judges has vacated the prison sentence of a former medical marijuana provider after federal prosecutors argued it was too lenient.

Former University of Montana quarterback Jason Washington was sentenced to two years in prison after being convicted last year of conspiracy to manufacture and distribute marijuana and possession with intent to distribute marijuana.

The U.S. attorney's office appealed the sentence, saying U.S. District Judge Dana Christensen should have sentenced Washington to least five years.

A three-judge panel for the 9th U.S. Circuit Court of Appeals agreed with prosecutor's arguments that Christensen erred in his decision not to enhance Washington's sentence for being the manager or supervisor of a drug operation.

The panel vacated the sentence Wednesday and sent the case back to Christensen for reconsideration.

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