United States v. Jesse Lee Shaw, United States of Am. v. Anthony Wilson, 936 F.2d 412 (9th Cir. 1991). · Go Syfert
United States v. Jesse Lee Shaw, United States of Am. v. Anthony Wilson, 936 F.2d 412 (9th Cir. 1991). Cases Citing This Book View Copy Cite
156 citation events (42 in the last 25 years) across 21 distinct courts.
Negative lean: 11th  ·  Positive lean: 2nd, 9th, 1st, 7th
Strongest positive: People v. Ward (calctapp, 2008-10-01) · Strongest negative: United States v. Reyes (flsd, 1992-01-15)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Distinguished United States v. Reyes (3×) also: Cited as authority (rule), Cited "see"
S.D. Fla. · 1992 · confidence high
See also United States v. Griffin, 945 F.2d 378, 381 (11th Cir.1991) (“ ‘Crack,’ or cocaine in free base form, is a solid, rock-like substance, whereas the term ‘cocaine’ generally refers to the powder form, which contains hydrochloric acid.”); Shaw, 936 F.2d at 415-16 (“ ‘[C]ocaine base’ is ... distinguishable from ‘cocaine’ based on its different functions and effects,” namely that base is generally very pure, intended for smoking, and in rock form.); United States v. Thomas, 932 F.2d 1085, 1090 (5th Cir.) (“Cocaine base is a different drug from cocaine ... [in part…
discussed Cited "but see" United States v. Barbosa
E.D. Pa. · 1999 · signal: but see · confidence high
Circuit, the Eleventh Circuit, and the Second Circuit which held, prior to the 1993 amendments to the Guidelines, that "cocaine basé” was broader than "crack” cocaine); United States v. Jones, 979 F.2d 317, 319 (3d Cir.1992) (describing the science of cocaine and explaining that "crack” cocaine is "a” form of cocaine base, but not the only form of cocaine base); see also United States v. Camacho, 40 F.3d 349, 354 (11th Cir.1994) (holding that a defendant • who distributed cocaine base, but not crack cocaine, prior to 1993- should be sentenced for cocaine base); United States v. Butl…
discussed Cited "but see" United States v. Raul Rodriguez
11th Cir. · 1992 · signal: but see · confidence high
But see United States v. Shaw, 936 F.2d 412, 414-16 (9th Cir.1991). 6 Rodriguez suggests no alternative meaning but argues that Congress intended the term “cocaine base” to be synonymous with “crack cocaine.” In essence, he asserts that Congress, in drafting 21 U.S.C. § 960 , did not understand the words it chose.
discussed Cited as authority (rule) People v. Ward
Cal. Ct. App. · 2008 · confidence medium
In United States v. Shaw, 936 F.2d 412, 416 (9th Cir. 1991) and [U.S.] v. Van Hawkins, 899 F.2d 852, 854 (9th Cir. 1990), we held that the distinction between cocaine base and powder cocaine ... is not unconstitutionally vague because the two substances are *261 objectively distinguishable.
cited Cited as authority (rule) United States v. King
9th Cir. · 2006 · confidence medium
United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991).
cited Cited as authority (rule) United States v. Carl Edwards
7th Cir. · 2005 · confidence medium
United States v. Shaw, 936 F.2d 412, 415-16 (9th Cir.1991) (relying on legislative history).
cited Cited as authority (rule) United States v. Edwards, Carl
7th Cir. · 2005 · confidence medium
United States v. Shaw, 936 F.2d 412, 415-16 (9th Cir. 1991) (relying on legislative history).
discussed Cited as authority (rule) Sarei v. Rio Tinto PLC.
C.D. Cal. · 2002 · confidence medium
See Brock v. Pierce County, 476 U.S. 253, 263 , 106 S.Ct. 1834 , 90 L.Ed.2d 248 (1986) ("[Statements by individual legislators should not be given controlling effect, but when they are consistent with the statutory language and other legislative history, they provide evidence of Congress’ Intent”); United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991) ("'Such statements by individual legislators should not be given controlling effect, but when they are consistent with the statutory language and other legislative history, they provide evidence of Congress’ intent.’ ...
cited Cited as authority (rule) United States v. Bert
9th Cir. · 2002 · confidence medium
United States v. Shaw, 936 F.2d 412, 415 (9th Cir.1991). .
discussed Cited as authority (rule) United States v. Kevin Roberson (2×)
3rd Cir. · 1999 · confidence medium
See United States v. Rodriguez, 980 F.2d 1375, 1378 (11th Cir.1992); United States v. Jones, 979 F.2d 317, 320 (3d Cir.1992); United States v. Wheeler, 972 F.2d 927, 930 (8th Cir.1992); United States v. Jackson, 968 F.2d 158, 162 (2d Cir.1992); United States v. Lopez-Gil, 965 F.2d 1124, 1134 (1st Cir.1992) (per curiam); United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991); 4 United States v. Turner, 928 F.2d 956, 960 (10th Cir.1991); United States v. Levy, 904 F.2d 1026, 1033 (6th Cir.1990); United States v. Metcalf, 898 F.2d 43, 46-47 (5th Cir.1990); United States v. Brown, 859 F.2d 974, 9…
discussed Cited as authority (rule) United States v. Roberson (2×)
3rd Cir. · 1999 · confidence medium
See United States v. Rodriguez, 980 F.2d 1375, 1378 (11th Cir. 1992); United States v. Jones, 979 F.2d 317, 320 (3d Cir. 1992); United States v. Wheeler, 972 F.2d 927, 930 (8th Cir. 1992); United States v. Jackson, 968 F.2d 158, 162 (2d Cir. 1992); United States v. Lopez-Gil, 965 F.2d 1124, 1134 (1st Cir. 1992) (per curiam); United States v. Shaw, 936 F.2d 412, 416 (9th Cir. 1991);4 _________________________________________________________________ 4.
cited Cited as authority (rule) United States v. Robert Earl Jackson, United States of America v. Donald Hogan, United States of America v. Lester Wayne Lewis, AKA Les
9th Cir. · 1998 · confidence medium
United States v. Jackson, 84 F.3d 1154, 1160 (9th Cir.1996); United States v. Harding, 971 F.2d 410, 412-14 (9th Cir.1992); United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991).
examined Cited as authority (rule) United States v. Mickey Polk (3×) also: Cited "see"
9th Cir. · 1998 · confidence medium
Prior to the 1993 amendments defining "cocaine base" as "crack," we concluded "that Congress and the Commission must have intended the term cocaine base to include crack." See Shaw, 936 F.2d at 416 (internal quotations omitted). 6 Here, Polk was charged with and pled guilty to possession with intent to distribute cocaine base.
discussed Cited as authority (rule) United States v. Muhammed Abdul
7th Cir. · 1997 · confidence medium
Compare United States v. Wheeler, 972 F.2d 927, 930 (8th Cir.1992) (rejecting assertion that rock-like, smokable cocaine need also contain a hydroxyl radical to be cocaine base under § 2D1.1); and United States v. Shaw, 936 F.2d 412, 415-16 (9th Cir.1991) (defining cocaine base under § 2D1.1 in practical terms as cocaine that is veiy pure and smokable); with United States v. Brown, 859 F.2d 974, 976 (D.C.Cir.1988) (“The fact that ‘cocaine base’ may have various interpretations on the street does not make it incapable of objective definition by means of chemical analysis.”); United St…
examined Cited as authority (rule) United States v. Armando Godinez, AKA Perico (3×) also: Cited "see, e.g."
9th Cir. · 1997 · confidence medium
United States v. Shaw, 936 F.2d 412, 414 (9th Cir.1991). 8 Godinez claims that he pled guilty to the sale of 53.7 grams of rock cocaine that was 63% pure and that 63% purity contraband is not "cocaine base" within the meaning of 21 U.S.C. § 841 (b)(1)(A)(iii) or U.S.S.G. § 2D1.1 because they prohibit only the sale of "very pure" cocaine base.
discussed Cited as authority (rule) United States v. Rogers
4th Cir. · 1997 · confidence medium
Prior to 1993, some courts held that cocaine base under the Sentencing Guidelines included all forms of cocaine base, not just crack, see, e.g., United States v. Jackson, 968 F.2d 158, 161-63 (2d Cir. 1992) (forms of cocaine base not pure enough to be crack still fall within Sentencing Guidelines for enhanced sentence), while other courts held that cocaine base meant crack, see, e.g., United States v. Shaw, 936 F.2d 412, 415-16 (9th Cir. 1991).
cited Cited as authority (rule) United States v. Gregory Island
9th Cir. · 1996 · confidence medium
See Reyes-Alvarado, 963 F.2d 1184, 1189 (9th Cir.), cert. denied, 506 U.S. 890 (1992); United States v. Shaw, 936 F.2d 412, 414 (9th Cir.1991).
cited Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Darryl E. JACKSON, Defendant-Appellant
9th Cir. · 1996 · confidence medium
United States v. Shaw, 936 F.2d 412, 414-16 (9th Cir.1991), supports this position.
discussed Cited as authority (rule) United States v. Henry Booker
7th Cir. · 1995 · confidence medium
Id. at 99 ; see also United States v. Munoz-Realpe, 21 F.3d 375, 377-78 (11th Cir.1994) (defining “cocaine base” as crack under 21 U.S.C. § 960 (b)); United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991) (defining “cocaine base” as crack under § 841(b)); cf United States v. Jackson, 64 F.3d 1213, 1219-20 (8th Cir.1995) (rejecting argument that sentencing provisions for cocaine and cocaine base are ambiguous). 20 We agree with the Fisher court’s reasoning.
discussed Cited as authority (rule) United States v. Antoine Dewayne Persley
9th Cir. · 1995 · confidence medium
This contention lacks merit. 5 The term "cocaine base" includes the terms "rock cocaine" and "crack" and is reasonably understood to mean "cocaine that can be smoked, unlike cocaine hydrochloride." See United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Derrick Bines, Kenneth Ray Johnson, and Arnold Martin
9th Cir. · 1995 · confidence medium
See United States v. Davis, 36 F.3d 1424, 1434 (9th Cir. 1994); United States v. Shaw, 936 F.2d 412, 416 (9th Cir. 1991); Van Hawkins, 899 F.2d at 854 ; accord United States v. Brown, 859 F.2d 974 (D.C.
discussed Cited as authority (rule) United States v. Charlie Ward, Sr.
4th Cir. · 1995 · confidence medium
See United States v. Lopez-Gil, 965 F.2d 1124, 1130 (1st Cir.) (cocaine user has two forms available: cocaine for snorting and crack for smoking), cert. dismissed, 112 S.Ct. 2959 , cert. denied, 61 U.S.L.W. 3355 (U.S.1992); United States v. Shaw, 936 F.2d 412, 415-16 (9th Cir.1991) (cocaine base or crack distinguishable from cocaine hydrochloride by different functions and effects).
discussed Cited as authority (rule) United States v. Jackson
S.D.N.Y. · 1994 · confidence medium
The Guidelines amendment implicitly adopts the Ninth Circuit’s definition of crack as “[vjery pure cocaine intended for smoking *180 rather than inhalation,” United States v. Shaw, 936 F.2d at 415 (citation omitted).
cited Cited as authority (rule) United States v. Kenneth Eugene White
9th Cir. · 1994 · confidence medium
United States v. Shaw, 936 F.2d 412, 414 (9th Cir.1991). 7 White's argument fails.
discussed Cited as authority (rule) United States v. Larry D. Sanders (2×) also: Cited "see, e.g."
7th Cir. · 1993 · confidence medium
The defendant-appellant does not argue that § 841 fails to define the criminal offenses for which he was convicted, rather he contends that the § 841(a)(1) prohibition against distributing cocaine base fails to "establish minimal guidelines to govern the discretion of law enforcement officials" because the federal courts have not arrived at a uniform, consistent definition of what constitutes "cocaine base." It is true that neither the statute nor the Sentencing Guidelines contains a definition of cocaine base, United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991), and that the circuit cou…
discussed Cited as authority (rule) United States v. Gregory Errington Gaulteau (2×) also: Cited "see, e.g."
D.C. Cir. · 1993 · confidence medium
Accord, United States v. Wheeler, 972 F.2d 927, 930 (8th Cir.1992); United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991). 1 Here, the government presented the testimony of a qualified expert who positively identified the substance tested as cocaine base.
discussed Cited as authority (rule) United States v. Joaquin Palacio, Also Known as Ruben Zapata (2×) also: Cited "see"
2d Cir. · 1993 · confidence medium
Palacio also contends that his right to equal protection is violated because the Ninth Circuit has defined the statutory term “cocaine base” as “crack,” i.e., “cocaine that can be smoked,” see United States v. Shaw, 936 F.2d 412, 416-16 (9th Cir.1991), while we have interpreted the term according to its scientific meaning.
cited Cited as authority (rule) United States v. Robert Parker, A/K/A Michael Atkins Tony Biddles Richard L. Johnson
9th Cir. · 1993 · confidence medium
We have distinguished cocaine base from cocaine "based on its different functions and effects," United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Robert Edward Wheeler
8th Cir. · 1992 · confidence medium
He contended that the “100 to 1” ratio of section 2D1.1 was void for vagueness because the term “cocaine base” had been subject to conflicting judicial definitions, citing United States v. Brown, 859 F.2d 974, 975-76 (D.C.Cir.1988) (per cu-riam) (cocaine base is “any form of cocaine with the hydroxyl radical”), and United States v. Shaw, 936 F.2d 412, 415 (“crack generally refers to very pure cocaine intended for smoking rather than inhalation”) (9th Cir.1991) (quotation omitted).
discussed Cited as authority (rule) United States v. Curtis Fitzgerald Harding
9th Cir. · 1992 · confidence medium
In United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991) and United States v. Van Hawkins, 899 F.2d 852, 854 (9th Cir. 1990), we held that the distinction between cocaine base and powder cocaine made in § 841(b)(1) is not unconstitutionally vague because the two substances are objectively distinguishable.
discussed Cited as authority (rule) Coalition for Clean Air v. United States Environmental Protection Agency
9th Cir. · 1992 · confidence medium
Stray comments by individual legislators, not otherwise supported by statutory language or committee reports, cannot be attributed to the full body that voted on the bill.” In re Kelly, 841 F.2d 908 , 912 n. 3 (9th Cir.1988); United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Frank Jackson (2×) also: Cited "see, e.g."
2d Cir. · 1992 · confidence medium
Shaw, 936 F.2d at 415 (citations omitted).
examined Cited as authority (rule) United States v. Jesus M. Lopez-Gil (4×) also: Cited "see"
1st Cir. · 1992 · confidence medium
One other circuit has addressed the issue of defining the term “cocaine base.” The Ninth Circuit recently concluded that “Congress and the Commission must have intended ‘cocaine base’ to include ‘crack,’ or ‘rock cocaine,’ which we understand to mean cocaine that can be smoked, unlike cocaine hydrochloride.” United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991).
cited Cited as authority (rule) United States v. Madison
S.D.N.Y. · 1992 · confidence medium
Id. at 416. 3 .
cited Cited "see" United States v. Jorge Roca-Suarez
9th Cir. · 2016 · signal: see · confidence high
See United States v. Shaw, 936 F.2d 412, 415 (9th Cir.1991); U.S.S.G. § 2D1.1, cmt. n. 10, Drug Equivalency Tables (1992).
cited Cited "see" United States v. Arthur L. Hollis
9th Cir. · 2007 · signal: see · confidence high
See Shaw, 936 F.2d at 415-16 ; see also Brisbane, 367 F.3d at 912 ; United States v. Lopez-Gil, 965 F.2d 1124, 1134 (1st Cir.1992).
cited Cited "see" United States v. Hollis
9th Cir. · 2007 · signal: see · confidence high
See Shaw, 936 F.2d at 415-16 ; see also Brisbane, 367 F.3d at 912 ; United States v. Lopez-Gil, 965 F.2d 1124, 1134 (1st Cir. 1992).
cited Cited "see" United States v. Hollis
9th Cir. · 2007 · signal: see · confidence high
See Shaw, 936 F.2d at 415-16 ; see also Brisbane, 367 F.3d at 912 ; United States v. Lopez-Gil, 965 F.2d 1124, 1134 (1st Cir. 1992).
cited Cited "see" United States v. Mack
9th Cir. · 2006 · signal: see · confidence high
See Shaw, 936 F.2d at 415 ; U.S.S.G. § 2D1.1(e)(D) (describing cocaine base as “usually appearing in a lumpy, rocklike form”).
discussed Cited "see" United States v. Nguyen
C.D. Cal. · 1998 · signal: see · confidence high
See United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991) (for purposes of determining base offense level, “cocaine base” means crack or rock cocaine); United States v. Howard, 894 F.2d 1085, 1090 (9th Cir.1990) (government has burden of proving base offense level by a preponderance of the evidence).
cited Cited "see" United States v. Darryl Mason
9th Cir. · 1995 · signal: see · confidence high
See United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991); United States v. Van Hawkins, 899 F.2d 852, 854 (9th Cir.1990).
cited Cited "see" United States v. William D. Davis, United States of America v. Curry James Williams
9th Cir. · 1994 · signal: see · confidence high
See Maynard v. Cartwright, 486 U.S. 356, 361 , 108 S.Ct. 1853, 1857 , 100 L.Ed.2d 372 (1988). 42 We rejected an argument identical to Williams' in United States v. Shaw, 936 F.2d 412 (9th Cir.1991).
cited Cited "see" United States v. Javier Rodriguez Soto, United States of America v. Jose Francisco Valencia
9th Cir. · 1993 · signal: see · confidence high
See United States v. Shaw, 936 F.2d 412, 415 (9th Cir.1991) (presumption that Sentencing Commission intended Guidelines terms to have same meaning as terms Congress used in correlating statutes).
discussed Cited "see" Darrell B. Warren v. United States
9th Cir. · 1993 · signal: see · confidence high
See United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991) (Congress and Sentencing Commission intended "cocaine base" to include "crack" or "rock cocaine" which is understood to mean cocaine that can be smoked); see also United States v. Harding, 971 F.2d 410, 414 (9th Cir.1992) (statute not unconstitutionally vague because cocaine and cocaine base are objectively distinguishable), cert. denied, 113 S.Ct. 1025 (1993); United States v. Van Winrow, 951 F.2d 1069, 1072 (9th Cir.1991) (statute not void for vagueness); United States v. Malone, 886 F.2d 1162, 1166 (9th Cir.1989) (discussing consti…
discussed Cited "see" United States v. Patillo
C.D. Cal. · 1993 · signal: see · confidence high
See United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991) (Section 841(b) is not unconstitutionally vague for failing to define “cocaine base”); United States v. Van Hawkins, 899 F.2d 852, 854 (9th Cir.1990) (same) 1 ; United States v. Harding, 971 F.2d 410, 413 (9th Cir.1992) (Section 841(b)’s distinction between cocaine base and cocaine does not violate equal protection), cer t. denied, — U.S. -, 113 S.Ct. 1025 , 122 L.Ed.2d 170 (1993); United States v. Hoyt, 879 F.2d 505, 512-14 (9th Cir.) (ten year mandatory minimum for first time offenders required by 21 U.S.C. § 841 (b)(1)(A) …
cited Cited "see, e.g." United States v. Mercadel
9th Cir. · 2002 · signal: see also · confidence medium
See also United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991) (concluding that the term “cocaine base” includes “crack”).
discussed Cited "see, e.g." United States v. David Stafford (2×)
6th Cir. · 2001 · signal: compare · confidence low
Compare, e.g., United States v. Shaw, 936 F.2d 412 (9th Cir. 1991) (cocaine base means crack) with United States v. Jackson, 968 F.2d 158 (2d Cir) (cocaine base has a scientific, chemical definition that is more inclusive than crack), cert. denied, 113 S. Ct. 664 (1992).
discussed Cited "see, e.g." United States v. Cosby
10th Cir. · 1999 · signal: compare · confidence low
Compare, e.g., United States v. Shaw, 936 F.2d 412 (9th Cir. 1991) (cocaine base means crack) with United States v. Jackson, 968 F.2d 158 (2d Cir.) (cocaine base has a scientific, chemical definition that is more inclusive than crack), cert. denied, 113 S. Ct. 664 (1992).
discussed Cited "see, e.g." United States v. Charles Michael Kissick
10th Cir. · 1995 · signal: compare · confidence low
Compare, e.g., United States v. Shaw, 936 F.2d 412 (9th Cir.1991) (cocaine base means crack) with United States v. Jackson, 968 F.2d 158 (2d Cir) (cocaine base has a scientific, chemical definition that is more inclusive than crack), cert. denied, [— U.S. -] 113 S.Ct. 664 [ 121 L.Ed.2d 589 ] (1992).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellant,
v.
Jesse Lee SHAW, Defendant-Appellee; UNITED STATES of America, Plaintiff-Appellant, v. Anthony WILSON, Defendant-Appellee
90-50242, CR-89-0243-TJH-2.
Court of Appeals for the Ninth Circuit.
Jun 11, 1991.
936 F.2d 412
Thomas H. Bienert, Jr., Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellant., Paul E. Potter, Potter & Cohen, Pasadena, Cal., Robert K. Weinberg, Weinberg & Weinberg, Irvine, Cal., for defendants-appellees.
Canby, Rymer, Levi.
Cited by 67 opinions  |  Published
RYMER, Circuit Judge:

Defendants Shaw and Wilson were convicted for distributing a controlled substance in violation of 21 U.S.C. § 841(a)(1). The district court sentenced them as though they had distributed “cocaine” as opposed to “cocaine base” because it held that “cocaine base” only refers to cocaine compounds containing a hydroxylion and the government had failed to show that the rock cocaine involved in this case contained a hydroxylion. The government appeals the sentence on the ground that the district court applied an erroneous definition of “cocaine base.” We vacate and remand.

I

Shaw was charged with three counts of distributing a substance containing cocaine base in violation of 21 U.S.C. § 841(a)(1). Two of the counts were for distributing more than 50 grams, and the total amount charged in the three counts was 223.8 grams. Wilson was charged with one count of distributing a substance containing cocaine base, in the amount of 136 grams.

At trial, the government presented expert testimony that the substance the defendants distributed was cocaine base. The government’s chemist testified that the[*414] substances in question were rock cocaine. He also testified that the cocaine compound in the rock cocaine was cocaine base (C17H21O4N), as compared with cocaine hydrochloride (C17H21O4N.HCI). He explained that one makes rock cocaine by combining cocaine hydrochloride with water and sodium bicarbonate, and that process neutralizes the hydrochloride so that the C17H21O4N.HCI compound is reduced to the C17H21O4N compound. Because the melting point of rock cocaine is much lower than cocaine hydrochloride, the chemist explained that it can be smoked rather than snorted, which allows it to be absorbed into the bloodstream much more quickly than cocaine hydrochloride.

The district court instructed the jury that to find the defendants guilty, it did not need to find that the defendants knew that the substance they distributed was cocaine base as long as it found that they intentionally distributed some controlled substance. The jury found both Shaw and Wilson guilty.

At sentencing, the defendants argued that they could only be sentenced for distributing “cocaine” and not “cocaine base” because the government’s chemist had failed to distinguish adequately between the two when he testified that the substance involved was cocaine base. The penalties for distributing cocaine base are much more severe than the penalties for distributing cocaine. Because both Shaw and Wilson distributed between 50 and 500 grams of the controlled substance, they would be subject to a 10 year statutory minimum sentence if the substance were cocaine base, 21 U.S.C. § 841(b)(l)(A)(iii), but they would not be subject to any statutory minimum if it were cocaine, 21 U.S.C. § 841(b)(1)(C). Under the sentencing guidelines, Shaw’s and Wilson’s base offense levels would be 84 and 32, respectively, if the substance were cocaine base, but they would be 20 and 18, respectively, if it were cocaine. U.S.S.G. § 2D1.1.

Shaw and Wilson contend that the government failed to establish that the substance was cocaine base because they claim that the legal definition of “cocaine base” is a cocaine compound containing a hydrox-ylion (OH — ) such that it is a “base,” as that term is used in chemistry. Because the government’s expert witness did not say anything about the presence of a hy-droxylion, the defendants contend they could only be sentenced under the lesser penalties for cocaine rather than the higher penalties for cocaine base.

The government responds that defining cocaine base as a cocaine compound containing a hydroxylion is not the only way it can be defined. The government’s position is that so long as cocaine base is objectively distinguished from cocaine hydrochloride, a defendant may be sentenced for distributing cocaine base. In this case, the chemist testified that cocaine base has a distinguishable chemical formula and has different properties from cocaine hydrochloride, and he identified the substance involved here as cocaine base. Thus, the government contends, the defendants are subject to the higher penalties for cocaine base.

The district court agreed with the defendants’ definition of cocaine base and concluded that they could only be sentenced for distributing cocaine because the evidence did not establish that the substance in this case contained a hydroxylion. It therefore sentenced Shaw to 78 months, at the top of the guideline range for an offense level of 20 and a criminal history category of V, and it sentenced Wilson to 35 months, in the middle of the range for an offense level of 18 and a criminal history category of II. The government appeals.

II

The government may appeal the district court’s sentence because it was imposed in violation of 21 U.S.C. § 841(b)(l)(A)(iii) and because it was imposed as the result of an incorrect application of the guidelines. 18 U.S.C. § 3742(b). The interpretation of the term “cocaine base” in 21 U.S.C. § 841(b) and U.S.S.G. § 2D1.1 is a legal question, which we review de novo. See United States v. Wiegand, 812 F.2d 1239, 1244 (9th Cir.) (definition of “lascivious” is matter of law reviewed de novo), cert. denied, 484[*415] U.S. 856, 108 S.Ct. 164, 98 L.Ed.2d 118 (1987).

The defendants rely on two cases to show that the legal definition of cocaine base is a cocaine compound that contains a hydroxylion. First, the District of Columbia Circuit held that 21 U.S.C. § 841(b) is not unconstitutionally vague for failing to define cocaine base. United States v. Brown, 859 F.2d 974 (D.C.Cir.1988) (per curiam). Although the court did not expressly state what the correct definition of cocaine base is, it stated that the government had adopted the nomenclature of organic chemistry and defined cocaine base as any cocaine with the hydroxyl radical (OH-). [1] Id. at 975-76. The court reasoned that this chemical definition excludes salt forms of cocaine and therefore is not unconstitutionally vague because it performs a limiting function. Id. at 976.

We similarly held that 21 U.S.C. § 841(b) was not unconstitutionally vague because the expert testimony in the case indicated that the term “cocaine base” excludes cocaine hydrochloride. United States v. Van Hawkins, 899 F.2d 852, 854 (9th Cir.1990). In a footnote, the Van Hawkins opinion stated: “The term ‘cocaine base’ is cocaine that contains an active hydroxylion. As such, it is distinguished from cocaine salts. The term cocaine base encompasses ‘crack.’ ” Id. at 854 n. 2.

The defendants argue that these cases definitively establish that the definition of cocaine base is cocaine that contains a hy-droxylion. We disagree. The holding of both of these cases is simply that 21 U.S.C. § 841(b) is not unconstitutionally vague as long as cocaine base is defined so as to exclude cocaine salts. That holding, however, does not answer the question of what the correct definition of cocaine base is as a matter of statutory interpretation. We face that question for the first time in this case.

We construe the statute and the guidelines to be consistent with each other in their use of the term “cocaine base.” The Sentencing Commission has explained that it “used the sentences provided in, and equivalences derived from, the statute (21 U.S.C. § 841(b)(1)), as the primary basis for the guideline sentences.” U.S.S.G. § 2D1.1, comment, (n.10). Thus, we presume that the Commission intended the terms they used to have the same meanings as the terms Congress used.

Neither the statute nor the guideline define “cocaine base.” The commentary to the guideline, however, equates cocaine base with “crack.” U.S.S.G. § 2D1.1, comment, (n.10, Drug Equivalency Tables) (“1 gm of Cocaine Base (‘Crack’) equals 100 gm of cocaine/20 gm of heroin”). The term “crack” generally refers to “[v]ery pure cocaine intended for smoking rather than inhalation.” New Dictionary of American Slang 85 (R. Chapman ed.1986). It is synonymous with “rock” cocaine. Id. at 361 (defining “rock” as “[a] small cube of very pure cocaine, intended for smoking rather than inhalation”).

The legislative history of 21 U.S.C. § 841(b) is consistent with the Commission’s interpretation. Congress amended § 841(b) in the Anti-Drug Abuse Act of 1986, Pub.L. No. 99-570, § 1002(2), 100 Stat. 3207, 3207-2, which was an omnibus act incorporating a number of more specific bills. The Senate and the House each had a version of a bill to amend 21 U.S.C. § 841(b). The House version provided tougher penalties for “cocaine freebase,” H.R. 5394, 99th Cong., 2d Sess. § 101 (1986), while the Senate version provided penalties for “cocaine base,” S. 2878, 99th Cong., 2d Sess. § 1002, 132 Cong.Rec. S13649 (daily ed. Sept. 25, 1986). Congress ultimately enacted the Senate version by incorporating it into H.R. 5484, which became the Anti-Drug Abuse Act of 1986. See 132 Cong.Rec. H11219-20 (daily ed. Oct. 17, 1986).

To “freebase” means to “use cocaine by heating it and inhaling the smoke.” New Dictionary of American Slang at 147.[*416] Thus, the House version appears consistent with the Commission’s explanation because “cocaine freebase” logically would refer to cocaine that could be smoked. The House Committee on the Judiciary also gave that definition to “cocaine freebase.” In the same period when the House was considering passage of the amendments to § 841(b), the Committee urged passage of a resolution calling for a White House conference on drug abuse and explained:

In the summer of 1986, the wave of the cocaine abuse epidemic which had been growing for a decade began to crash upon American cities in the form of “crack.” Crack, the street name for cocaine freebase, a preparation of cocaine hydrochloride and sodium bicarbonate, can be smoked and consequently produces intense moments of the cocaine “rush,”....

H.R.Rep. No. 99-846, 99th Cong., 2d Sess. 4 (1986).

Nothing in the legislative history indicates that the Senate version intended a different meaning for “cocaine base.” Indeed, statements made by sponsors of the legislation in both houses indicate concern primarily with the crack epidemic, and they describe crack as cocaine that is smoked rather than snorted. For example, Representative Frank Annunzio explained, “Today we are seeing a new impetus to cocaine generated by the so-called ‘crack,’ which is smoked rather than snorted. It is relatively inexpensive and highly dangerous.” 132 Cong.Rec. H6544 (daily ed. Sept. 10, 1986). Similarly, Senator Chic Hecht urged support for S. 2878:

I wish to point out to my colleagues that the escalation of drug abuse is shown not only by the number of this scourge’s victims, but may also be measured in the potency and availability of today’s illicit drugs. The purified form of cocaine known as “crack,” for example, has lead to a number of drug-related deaths.

Id. at S13770 (Sept. 26, 1986).

“Such statements by individual legislators should not be given controlling effect, but when they are consistent with the statutory language and other legislative history, they provide evidence of Congress’ intent.” Brock v. Pierce County, 476 U.S. 253, 263, 106 S.Ct. 1834, 1840-41, 90 L.Ed.2d 248 (1986). In this case, the sponsors’ statements are consistent with everything else we can deduce from the legislative history, dictionary definitions, and the Sentencing Commission’s interpretation. Indeed, we have seen no statements indicating any different interpretation of the term “cocaine base.”

Of particular importance to this case, we have seen no statements indicating an interpretation of “cocaine base” as cocaine that contains a hydroxylion. Nor have we seen any statements indicating that “cocaine base” refers to cocaine that is a “base” for chemistry purposes. We conclude that neither Congress nor the Commission intended the term “cocaine base” to be defined by the presence of a hydroxy-lion or by its testing basic rather than acidic.

Instead, we conclude that Congress and the Commission must have intended the term “cocaine base” to include “crack,” or “rock cocaine,” which we understand to mean cocaine that can be smoked, unlike cocaine hydrochloride. Because “cocaine base” is thus distinguishable from “cocaine” based on its different functions and effects, this interpretation of the statute and guideline is consistent with the holding in Van Hawkins, 899 F.2d 852, that 21 U.S.C. § 841(b) is not unconstitutionally vague so long as cocaine base is objectively distinguishable from cocaine hydrochloride.

The district court therefore erred in defining “cocaine base” to mean cocaine that contains a hydroxylion. We remand to give the district court the opportunity to decide if the facts in evidence establish that the defendants distributed a substance containing “cocaine base,” as we have defined that term.

VACATED AND REMANDED.

1

. Courts, as well as the parties, use the terms "hydroxyl radical” and "hydroxylion" interchangeably to refer to OH — .