U.S. v. DATCHER                      411

830 F. Supp. 411 (M.D. Tenn. 1993)


           UNITED STATES of America,

                	     v.

              Douglas E. DATCHER

                No. 3:92- 00054.

         United States District Court,
                M.D. Tennessee,
              Nashville Division.

                Sept. 8, 1993.


    Defendant in prosecution for attempted
distribution of controlled substance and relat-
ed charges moved to argue issue of punish-
ment to the jury. The District Court, Wise-
man, J., held that defendant was entitled to
argue punishment in hopes that jury, upon
learning of draconian sentence hanging over
his head, would deem penalty too great and
thus let defendant go free pursuant to the
power of a jury nullification, though jury
would not be instructed on jury nullification.

    Motion partially granted.



1. Criminal Law  723(1)

   Defendant in prosecution for attempted
distribution of controlled substance, conspira-
cy to distribute, and using or carrying fire-
arm in connection with attempted distribu-
tion was entitled to argue issue of punish-
ment to the jury in hopes that jury upon
learning of draconian sentence hanging over
defendant\\\'s head, would deem penalty too
great and thus acquit pursuant to power of
jury nullification. U.S.C.A. Const Amend. 6;
Comprehensive Drug Abuse Prevention and
Control Act of 1970, §§ 401(a)(1), 406, 21
U.S.C.A. §§ 841(a)(1), 846;  18 U.S.C.A.
§ 924(c).