A federal court judge in Oregon postponed the sentencing of an admitted bulk marijuana runner on Thursday after the state passed a new law to legalize recreational pot, The Oregonian reported.
In April 2013, Bounlith "Bong" Bouasykeo was indicted with three co-conspirators on multiple federal charges including possession, manufacturing and distribution of at least 100 kilograms of marijuana over a four year period, according to court documents. In July 2014, Bouasykeo pleaded guilty to the pot charges. On Thursday, he flew to Oregon from Texas expecting to be sent to prison.
On Tuesday, Oregon passed Measure 91, making it the third state along with Colorado and Washington to allow the possession and sale of cannabis for recreational use. According to a government sentencing memo obtained by the The Oregonian, this created a conundrum for the judge in Bouasykeo's case.
On Thursday, U.S. District Judge Michael W. Mosman elected to delay the sentencing of Bouasykeo until the federal government clarifies its position on legal marijuana. To date, the U.S. government has not federally legalized the sale or possession of any amount of pot, but the Department of Justice says it will not stand in the states' way when it comes to legalization.
Mosman said he was "reluctant to send someone to prison today only to find out later that the view of the U.S. Department of Justice had evolved on crimes involving marijuana."
Following the passing of Measure 91, Oregon U.S. Attorney Amanda Marshall said that she will pay close attention to how the state establishes its legal dispensary program and that her attitude toward illegal traffickers and black market dealers (like Bouasykeo) remains the same.
"We are not looking for people who are acting within the law," Marshall told The Oregonian on Tuesday. "We are looking for profiteers. We are looking for tax evaders and money launderers and other criminal activity."
Since his is a federal charge, it is unlikely that Bouasykeo will ultimately achieve leniency when he is eventually sentenced. In his government sentencing memo, Mosman acknowledged the permissive attitude of people in the state of Oregon, but noted that Bouasykeo was involved in a hefty criminal operation.
"It was a pretty serious enterprise ... even for Oregon," Mosman said. "A fairly serious illegal enterprise."
Bouasykeo's new sentencing date is December 11.
