I found this surprising news in this morning's San Francisco Chronicle:
Federal prosecutors have signaled they will ask an appeals court to send marijuana advocate Ed Rosenthal to prison for cultivating pot for medical patients.
The U.S. attorney's office filed notice with the federal appeals court in San Francisco that it intends to appeal U.S. District Judge Charles Breyer's decision to spare Rosenthal from a prison term for his federal cultivation and conspiracy convictions last month. The notice was dated last Thursday and was obtained by reporters Monday.
Prosecutors did not explain the grounds on which they intend to appeal. The notice was filed with the U.S. Court of Appeals in San Francisco.
The whole story is here. Judge Breyer did the right thing, and they ought to let sleeping dogs lie (though, to be fair, Rosenthal has stupidly appealed his conviction).