Tuesday, Aug. 12, 2008

Sentencing postponed in pot dispensary case

A scheduled sentencing for two Modesto men convicted on federal drug charges for operating a medical marijuana dispensary was postponed Monday after defense attorney Anthony Capozzi said two jurors have contacted him about potential juror misconduct.

Capozzi also told U.S. District Judge Oliver W. Wanger that he needed to do additional research on the case. Prosecutors objected to the request, but Wanger granted a request to continue the sentencing to Sept. 15.

Luke Scarmazzo, 28, and Ricardo Ruiz Montes, 27, were convicted in May of manufacturing marijuana and distributing the drug, as well as operating a continuing criminal enterprise.