United States v. Artie Deshann Crawford, 83 F.3d 964 (8th Cir. 1996). · Go Syfert
United States v. Artie Deshann Crawford, 83 F.3d 964 (8th Cir. 1996). Cases Citing This Book View Copy Cite
38 citation events (23 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Josiah Williams (ca8, 2009-03-02)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Josiah Williams (2×)
8th Cir. · 2009 · quote attribution · 2 verbatim quotes · confidence high
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.
discussed Cited as authority (verbatim quote) United States v. Josiah Williams
8th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (rule) United States v. Williams
8th Cir. · 2009 · confidence medium
The statute and our case law use the more generic term ‘cocaine base’ synonymously with the term ‘crack.’ ”) (citations omitted); United States v. Crawford, 83 F.3d 964, 966 (8th Cir.1996) (“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.”).
discussed Cited as authority (rule) Phillips v. United States (2×)
6th Cir. · 2007 · confidence medium
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 Cir.1996).
discussed Cited as authority (rule) United States v. Josiah Williams, Also Known as Little Man
8th Cir. · 2007 · confidence medium
The statute and our case law use the more generic term ‘cocaine base’ syn *384 onymously with the term ‘crack.’ ”) (citations omitted); United States v. Crawford, 83 F.3d 964, 966 (8th Cir.1996) (“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.”).
discussed Cited as authority (rule) United States v. Cole (2×)
N.D. Iowa · 2007 · confidence medium
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), and that “cocaine base” is synonymous with “crack cocaine,” citing United States v. Robinson, 455 F.3d 832 , 833 n. 2 (8th Cir.2006).
cited Cited as authority (rule) United States v. Pondrell Robinson Jr
8th Cir. · 2006 · confidence medium
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).
discussed Cited as authority (rule) United States v. Jessie L. Robinson
8th Cir. · 2006 · confidence medium
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. Vesey, 330 F.3d 1070, 1073 (8th Cir.2003); United States v. Crawford, 83 F.3d 964, 965-66 (8th Cir.1996); United States v. Jackson, 64 F.3d 1213, 1216-20 (8th Cir.1995).
discussed Cited as authority (rule) United States v. Jessie Robinson
8th Cir. · 2006 · confidence medium
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. Vesey, 330 F.3d 1070, 1073 (8th Cir. 2003); United States v. Crawford, 83 F.3d 964, 965-66 (8th Cir. 1996); United States v. Jackson, 64 F.3d 1213, 1216-20 (8th Cir. 1995).
discussed Cited as authority (rule) United States v. Carl Edwards
7th Cir. · 2005 · confidence medium
See United States v. Fisher, 58 F.3d 96, 99 (4th Cir.1995) (relying on analysis of statutory language as well as legis *576 lative history); United States v. Crawford, 83 F.3d 964, 965 (8th Cir.1996) (agreeing with analysis of legislative history in Booker).
discussed Cited as authority (rule) United States v. Edwards, Carl
7th Cir. · 2005 · confidence medium
See United States v. Fisher, 58 F.3d 96, 99 (4th Cir. 1995) (relying on analysis of statutory language as well as legislative history); United States v. Crawford, 83 F.3d 964, 965 (8th Cir. 1996) (agreeing with analysis of legislative history in Booker).
discussed Cited as authority (rule) United States v. Arthur Vesey
8th Cir. · 2003 · confidence medium
Although 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 “crack” cocaine, see United States v. Booker, 70 F.3d 488, 489 (7th Cir.1995).
discussed Cited as authority (rule) United States v. DiPina
1st Cir. · 2000 · confidence medium
In United States v. Crawford, 83 F.3d 964, 966 (8th Cir. 1996), the Eighth Circuit rejected the defendant’s contention that his juvenile sentence for assault constituted a diversionary disposition, on the ground that he "had completed [his] probation and community service, and thus discharged the sentence imposed." Id.
discussed Cited as authority (rule) United States v. Jess Dipina A/K/A Gustavo Gonsalez
1st Cir. · 2000 · confidence medium
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] probation and community service, and thus discharged the sentence imposed.” Id.
discussed Cited as authority (rule) United States v. S.A.
8th Cir. · 1997 · confidence medium
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, 117 S. Ct. 258 (1996); United States v. Early, 77 F.3d 242, 244-45 (8th Cir. 1996); United States v. Allen, 64 F.3d 411, 413 (8th Cir. 1995).
discussed Cited as authority (rule) United States v. S.A.
8th Cir. · 1997 · confidence medium
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, 244-45 (8th Cir.1996); United States v. Allen, 64 F.3d 411, 413 (8th Cir.1995).
discussed Cited as authority (rule) United States v. Edward J. Clary
8th Cir. · 1996 · confidence medium
See United States v. Carter, No. 96-1329, 1996 WL 453275 , at *2-*3 (8th Cir. Aug. 13, 1996) (per curiam) (equal protection); United States v. Crawford, 83 F.3d 964, 965-66 (8th Cir. 1996) (rule of lenity), petition for cert. filed, (U.S. Aug. 9, 1996) (No. 96-5557). 1 The Honorable Jean C.
discussed Cited as authority (rule) United States v. Edward James Clary
8th Cir. · 1996 · confidence medium
See United States v. Carter, No. 96-1329, 1996 WL 453275 , at * 2-* 3 (8th Cir. Aug. 13, 1996) (per curiam) (equal protection); United States v. Crawford, 83 F.3d 964, 965-66 (8th Cir.1996) (rule of lenity), petition for cert. filed, (U.S. Aug. 9, 1996) (No. 96-5557). 5 We next conclude the district court did not clearly err in denying Clary an acceptance-of-responsibility reduction, as he did not show he "clearly demonstrate[d] a recognition and affirmative acceptance of personal responsibility for his criminal conduct." See U.S.S.G. § 3E1.1(a); United States v. Thomas, 72 F.3d 92, 93 (8th C…
discussed Cited as authority (rule) United States v. Stanley Lyle Huff
8th Cir. · 1996 · confidence medium
These arguments are foreclosed by our recent decisions in United States v. Crawford, No. 95-3056, 1996 WL 249374, at * 1-2 (8th Cir. May 14, 1996); United States v. Smith, 82 F.3d 241 -244 (8th Cir.1996); and United States v. Long, 77 F.3d 1060, 1061-62 (8th Cir.1996) (per curiam). 3 Accordingly, the judgment of the district court is affirmed. 1 The Honorable Richard H.
discussed Cited "see" United States v. Pondrell Robinson, Jr.
8th Cir. · 2006 · signal: see · confidence high
See United States v. Crawford, 83 F.3d 964, 965-66 (8th Cir.1996), cert. denied, 519 U.S. 903 , 117 S.Ct. 258 , 136 L.Ed.2d 184 (1996); United States v. Jackson, 64 F.3d 1213, 1219-20 (8th Cir.1995), cert. denied, 516 U.S. 1137 , 116 S.Ct. 966 , 133 L.Ed.2d 887 (1996). *826 In this case, the indictment charged that each offense involved “cocaine base (‘crack’).” Robinson pleaded guilty to those charges and admitted during the plea colloquy that his offenses involved “distribution of cocaine base, that would be crack.” Thus, even if the harsher minimum sentence mandated by 21 U.S.C.…
discussed Cited "see, e.g." United States v. Cole
8th Cir. · 2008 · signal: see also · confidence medium
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 964, 966 (8th Cir.) (citing with approval the Seventh Circuit’s conclusion that “Congress intended the term cocaine base to *927 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”), cert. denied, 519 U.S. 903 , 117 S.Ct. 258 , 136 L.Ed.2d …
discussed Cited "see, e.g." United States v. Justin Cole
8th Cir. · 2008 · signal: see also · confidence medium
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 964, 966 (8th Cir.) (citing with approval the Seventh Circuit's conclusion 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"), cert. denied, 519 U.S. 903 (1996).
discussed Cited "see, e.g." United States v. Romelle Monte Surratt, United States of America v. Gregory Surratt, Sr.
8th Cir. · 1999 · signal: see, e.g. · confidence medium
See, 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 S.Ct. 258 , 136 L.Ed.2d 184 (1996).
discussed Cited "see, e.g." United States v. Romelle Surratt
8th Cir. · 1999 · signal: see, e.g. · confidence medium
See, 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 (1996).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Artie Deshann CRAWFORD, Appellant
95-3056.
Court of Appeals for the Eighth Circuit.
May 14, 1996.
83 F.3d 964
Robert Richman, Asst. Federal Public Defender, argued, Minneapolis, for appellant., Nathan P. Petterson, Asst. U.S. Atty., argued, Minneapolis, for appellee.
Fagg, Gibson, Wollman.
Cited by 33 opinions  |  Published
JOHN R. GIBSON, Circuit Judge.

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.