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updated: 8/5/2014 5:35 PM

Motions filed in pot case:

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Daily Herald report

The attorney for a Round Lake Park man accused of trying to sell marijuana from a package he receive erroneously is challenging the amount of marijuana his client is accused of taking. Joseph R. Schmidt, 34, of the 300 block of North Clifton Drive, faces up to seven years in prison if found guilty for possession of marijuana with intent to deliver and possession of marijuana, prosecutors said. Schmidt phoned police Dec. 7, after he reported receiving an erroneous FedEx shipment containing about 15 pounds of marijuana. About one week later, police were tipped off that drug sales were taking place at Schmidt's residence, and he was arrested and charged with selling pot. At the time, authorities said Schmidt had one pound of marijuana in his possession, but he admitted to keeping five of the 20 pounds of marijuana he received by mistake. Defense attorney Robert Ritacca filed motions Tuesday questioning the amount of marijuana Schmidt allegedly had during the drug bust. The two sides will meet Aug. 15 regarding the motion.

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