A 28-year-old Cheyenne man who admitted to selling marijuana within 200 feet of a school was sentenced Friday in Laramie County District Court to four years of probation.

Kenneth Waters, Jr. was arrested on May 31 after detectives conducting surveillance outside his apartment, which is approximately 173 feet from Sunrise Elementary School, observed him selling marijuana.

A search of Waters' home led to the seizure of 3.5 pounds of spice, 4.4 ounces of marijuana, $3,430 in U.S. currency, two digital scales and other drug paraphernalia.

As part of a plea agreement, Waters pleaded guilty to delivery of marijuana within 500 feet a drug free school zone on Oct. 19. In exchange for his plea, six other counts were dismissed.

"This represents his fourth felony conviction," said District Attorney Leigh Anne Grant Manlove, asking Judge Thomas Campbell to sentence Waters to five to seven years.

"Mr. Waters has earned that bed in prison," she added.

Waters' attorney, Ross McKelvey, argued his client was "not a violent offender" and asked the court to adopt the recommendation in the presentence report that Waters be placed on probation.

"School zone or no school zone, think of what he did," said Campbell. "He was out to make a living in our community selling drugs."

"I am concerned about probation in a case like this," Campbell added, reluctantly sentencing Waters to three to five years suspended in favor of four years of supervised probation.

"Prison can wait and it will be there for you if you (violate probation)," he said.

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