At page 966 Determining congressional intent regarding cocaine base definition13 citing cases“congress intended the term cocaine base to refer to 'crack,' the smokable form of cocaine made by dissolving cocaine hydrochloride in water and baking soda and reducing it to a solid substance.”
- United States v. Williams, 557 F.3d 556 (8th Cir. 2009).published (Congress intended the term cocaine base to refer to ‘crack,’ the smokable form of cocaine made by dissolving cocaine hydrochloride in water and baking soda and reducing it to a solid substance.)
- United States v. Josiah Williams, 486 F.3d 377 (8th Cir. 2007).published (Congress intended the term cocaine base to refer to ‘crack,’ the smokable form of cocaine made by dissolving cocaine hydrochloride in water and baking soda and reducing it to a solid substance.)
- Phillips v. United States, 238 F. App'x 89 (6th Cir. 2007).unpublished In doing so, the court first looked to United States v. Crawford, wherein the Eighth Circuit rejected the argument that a juvenile sentence of probation and community service should not be counted under § 4A1.2(f). 83 F.3d 964, 966 (8th Ci…
- United States v. Cole, 488 F. Supp. 2d 792 (N.D. Iowa 2007).published Somewhat more specifically, the government argues that the Eighth Circuit Court of Appeals has held that “cocaine base” within the meaning of 21 U.S.C. § 841 means “crack,” citing United States v. Crawford, 83 F.3d 964, 966 (8th Cir.1996),…
- United States v. Arthur Vesey, 330 F.3d 1070 (8th Cir. 2003).publishedAlthough the statute distinguishes between cocaine and cocaine base, see United States v. Crawford, 83 F.3d 964, 966 (8th Cir.1996), it does not distinguish between subtypes of cocaine base or state explicitly that it applies only to “crac…
- United States v. Jess Dipina, 230 F.3d 477 (1st Cir. 2000).published In United States v. Crawford, 83 F.3d 964, 966 (8th Cir.1996), the Eighth Circuit rejected the defendants contention that his juvenile sentence for assault constituted a diversionary disposition, on the ground that he “had completed [his]…
- United States v. S.A., 129 F.3d 995 (8th Cir. 1997).published See, e.g., United States v. Juvenile PWM, 121 F.3d 382, 383 (8th Cir.1997); United States v. Crawford, 83 F.3d 964, 966 (8th Cir.1996), cert, denied, —• U.S. -, 117 S.Ct. 258 , 136 L.Ed.2d 184 (1996); United States v. Early, 77 F.3d 242, 2…
- United States v. Cole, 537 F.3d 923 (8th Cir. 2008).published United States v. Vesey, 330 F.3d 1070, 1073 (8th Cir.2003) (stating also that both “[t]he statute and our case law use the more generic term ‘cocaine base’ synonymously with the term ‘crack’ ”); see also United States v. Crawford, 83 F.3d…
At page 965 Analyzing legislative history and equal protection principles11 citing casesagreeing with analysis of legislative history in Booker
- United States v. Cole, 488 F. Supp. 2d 792 (N.D. Iowa 2007).published Somewhat more specifically, the government argues that the Eighth Circuit Court of Appeals has held that “cocaine base” within the meaning of 21 U.S.C. § 841 means “crack,” citing United States v. Crawford, 83 F.3d 964, 966 (8th Cir.1996),…
- United States v. Pondrell Robinson, Jr., 462 F.3d 824 (8th Cir. 2006).published Crawford, 83 F.3d 964, 965-66 (8th Cir. 1996), cert. denied, 519 U.S. 903 (1996); United States v. Jackson, 64 F.3d 1213, 1219-20 (8th Cir. 1995), cert. denied, 516 U.S. 1137 (1996).
- United States v. Jessie L. Robinson, 455 F.3d 832 (8th Cir. 2006).published First, his argument that the distinction in 21 U.S.C. § 841 between “cocaine” and “cocaine base” is ambiguous fails in light of our cases holding that “cocaine base” in that statute is synonymous with “crack cocaine.” United States v. Vese…
- United States v. Carl Edwards, 397 F.3d 570 (7th Cir. 2005).published (agreeing with analysis of legislative history in Booker)
- United States v. Edward J. Clary, No. 96-1790 (8th Cir. Sept. 16, 1996).unpublished(rule of lenity)
- United States v. Edward James Clary, 97 F.3d 1457 (8th Cir. 1996).unpublished(No. 96-5557)
- United States v. Romelle Monte Surratt, United States of Am. v. Gregory Surratt, Sr., 172 F.3d 559 (8th Cir. 1999).publishedSee, e.g., United States v. Crawford, 83 F.3d 964, 965 (8th Cir.) (“[T]he statutory distinction between cocaine and cocaine base [is] not ambiguous and [does] not require us to apply the rule of lenity.”), cert. denied, 519 U.S. 903 , 117…
- United States v. Romelle Surratt, No. 98-1789 (8th Cir. Mar. 31, 1999).publishedSee, e.g., United States v. Crawford, 83 F.3d 964, 965 (8th Cir.) ("[T]he statutory distinction between cocaine and cocaine base [is] not ambiguous and [does] not require us to apply the rule of lenity."), cert. denied, 117 S. Ct. 258 (199…
Other citing cases
- United States v. Stanley Lyle Huff, 89 F.3d 842 (8th Cir. 1996).unpublished
v.
Artie Deshann CRAWFORD, Appellant
Artie Deshann Crawford appeals his sentence based on a plea of guilty to distributing 55.6 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1) (1994). Crawford attacks the sentencing scheme which punishes distribution of cocaine base far more severely than distribution of cocaine. He argues that the distinction in section 841(b) and U.S.S.G. § 2D1.1 between cocaine base and cocaine is nonsensical because the two terms refer to the same chemical. Therefore, he contends that we should be governed by the rule of lenity and sentence him to the lesser punishment for cocaine. He also argues that the district court improperly assessed his criminal history category points. We affirm.
Crawford stipulated to an offense level of thirty-two in his plea agreement. The government argues that he has therefore waived his objection to the cocaine base sentencing provisions. Though the government’s procedural argument may be correct, see United States v. Long, 77 F.3d 1060, 1061 (8th Cir.1996), in light of the great importance of this issue, we consider the merits, however briefly-
Crawford’s argument is based on the same extensive record before the district court in United States v. Davis, 864 F.Supp. 1303 (N.D.Ga.1994), appeal pending, (No. 95-8057 11th Cir.). The district court in Davis relied on scientific testimony to conclude that cocaine and cocaine base were synonymous, and that the statute distinguishing between the two terms and according harsher punishment for crimes involving cocaine base was nonsensical. 864 F.Supp. at 1305 (“In sum, cocaine base describes no other substance than cocaine.”). The scientific testimony from Davis was made a part of the record in this case, as it has been in earlier cases before this court. See United States v. Jackson, 64 F.3d 1213 (8th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 966, 133 L.Ed.2d 887 (1996); United States v. Brown, 72 F.3d 96 (8th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 2580, — L.Ed.2d - (1996). In Jackson, 64 F.3d at 1216, we considered the Davis record, but we arrived at the opposite conclusion from the Davis decision, 64 F.3d at 1219-20. We considered the Davis testimony “at best equivocal.” Id. at 1216. We based our decision on additional testimony that established “practical, real-world differences” between cocaine base and other forms of cocaine. Id. at 1219-20. Based on this testimony, we concluded that the statutory distinction between cocaine and cocaine base was not ambiguous and did not require us to apply the rule of lenity. Id. Accord United States v. White, 81 F.3d 80, 84 (8th Cir.1996); Long, 77 F.3d at 1061; Brown, 72 F.3d at 97. See also United States v. Smith, slip op. at 5, 82 F.3d 241, 243 (8th Cir.1996).
In addition to these decisions from our circuit, we are persuaded by another recent ease, United States v. Booker, 70 F.3d 488 (7th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 1334, 134 L.Ed.2d 484 (1996). Booker submitted the Davis record to the[*966] district court, but was nevertheless sentenced under the cocaine base guidelines. Id. at 490. The Seventh Circuit considered the argument that scientifically cocaine and cocaine base are synonymous and refer to the same substance with the same chemical formula. Judge Rovner’s opinion for the Seventh Circuit concluded that the scientific evidence was not dispositive, but that the court should attempt to determine what Congress meant by the terms cocaine and cocaine base. Judge Rovner looked beyond the language of section 841(b) and the guidelines to the legislative history of section 841(b), which showed that Congress intended the two terms to have different meanings. Id. at 492-94. Judge Rovner held that Congress intended the term cocaine base to refer to “crack,” the smokable form of cocaine made by dissolving cocaine hydrochloride in water and baking soda and reducing it to a solid substance. Id. at 491, 493. Because Congress’s intent was clear, there was no reason to apply the rule of lenity. Id. at 494. Accord United States v. Fisher, 58 F.3d 96, 99 (4th Cir.), cert. denied, — U.S. -, 116 S.Ct. 329, 133 L.Ed.2d 229 (1995); United States v. Camilo, 71 F.3d 984, 990 (1st Cir.1995), ce rt. denied, — U.S. -, 116 S.Ct. 1555, 134 L.Ed.2d 657 (1996); see also United States v. Smith, 73 F.3d 1414, 1418 (6th Cir.1996).
With respect to his criminal history category points, Crawford argues that a juvenile sentence he received for assault which resulted in a sentence of probation and fifteen hours of community service was a diversionary disposition and should not be counted under § 4A1.2(f) of the Sentencing Guidelines. The record reflects, however, that the district court found that this conviction was not a diversionary disposition. The district court adopted the findings of the presentence report that Crawford had completed the probation and community service, and thus discharged the sentence imposed. We reject Crawford’s argument.
We affirm the judgment of the district court.