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Cannabis Campaigners' Guide News Database result:
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US: Judge turns down bid from medical marijuana activist
Art Campos Sacramento Bee
Friday 03 Mar 2006 Medical marijuana activist Steven Wynn Kubby failed Friday to persuade a Placer County judge to consider scheduling a hearing to modify his 120- [day] jail sentence for a drug conviction in 2000. Kubby's attorney, J. David Nick of San Francisco, had asked the judge to revisit Kubby's sentencing because Kubby was in Canada in 2003 when an appeals court reinstated the misdemeanor drug conviction to a felony. Nick contended that Kubby has never been properly sentenced on the felony and that the judge has the authority to reduce Kubby's jail term. However, Superior Court Judge John Cosgrove agreed with the prosecution's argument that sentencing for Kubby had been appropriately carried out when it was imposed in 2001. "I don't see why Mr. Kubby wants another sentencing just because he absconded (to Canada)," Cosgrove said. Kubby moved to Canada in 2001 before serving his jail time, contending he would die behind bars if not allowed to treat his adrenal cancer with marijuana. Kubby was deported from Canada on Jan. 26 and was arrested by authorities when his airplane landed in San Francisco. He began serving his 120-day sentence in the Placer County jail the following day.
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