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Plainsman1963

Gardiner woman gets 2 years for giving marijuana to toddler
01-18-07 | GreatFallsTribune.Com

BILLINGS — A woman who let her toddler smoke marijuana from a bong has been resentenced to two years in prison followed by four years of supervised release.

U.S. District Judge Jack Shanstrom previously sentenced Jessica Durham, 25, of Elma, Wash., to five years in prison. In September, the 9th U.S. Circuit Court of Appeals ordered resentencing. The appeals court agreed with Durham that the maximum sentence should be two years.

Durham, formerly of Gardiner, also had appealed her conviction on a charge of distribution of marijuana to a person younger than 18. She said testimony against her was not properly admitted in the case, and the prosecution’s evidence was insufficient. The conviction was upheld.

Durham was found guilty after a one-day trial in 2004 during which Brandi Nichols testified that Durham encouraged pho-tographing her 18-month-old daughter with the bong. Nichols said Durham wanted to send the pictures to a marijuana magazine. A bong is a type of marijuana pipe.
Nichols testified that Durham said she let her daughter use marijuana because the child did not eat or sleep enough.

 

Buzzby

This is a further development of a story we reported back in 2004:

Mom Accused Of Letting Toddler Smoke Pot Out Of Bong

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