Dinkins

MEMORANDUM

Based on three drug transactions, Defendant Leorn Dinkins was charged with three counts of distributing cocaine base, commonly known as crack, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(iii), and (b)(l)(B)(iii). Two counts charged him with distributing 50 or more grams of cocaine base, and one count charged him with distributing between five and 50 grams of cocaine base. Dinkins pled guilty to all three counts, with the quantity of cocaine base to be determined at a bench trial.

The district court heard evidence at the bench trial from a DEA forensic chemist and a defense expert regarding the different initial and subsequent weights of the drugs. The drugs obtained in two transactions were initially recorded as weighing in excess of 50 grams, while the drugs from all three transactions weighed less than 50 grams when reweighed. Dinkins argued that he distributed between five and 50 grams on all three counts consistent with the reweighs, rather than 50 or more grams on two of the counts based on the initial weight of the drugs. The district court found both experts credible and relied on Dinkins’ statements at the time of the sale to find the initial, larger…