United States v. Robert Stephen Basey

Appellant Basey was indicted with three co-defendants of the possession, with intent to distribute, various amounts of dl-desoxyephedrine, a “Schedule III controlled substance.” This was a four count indictment with three substantive counts (involving .9 gram, 456 grams, and 802 grams, respectively)—[ 21 U.S.C. § 841 (a)(1)]—and a conspiracy count — [ 21 U.S.C. § 846 ], Appellant Basey was convicted only on Count One, involving a “sample” of the drug in his possession.

Government agents supplied appellant and his co-defendants at differing-times with a difficult to get chemical essential to the manufacture of dl-desoxyephedrine, namely: “phenyl-2-propanone” (commonly known, and hereinafter referred to, as “P2P”). No defendant testified. The government’s testimony as to the “trade” of the P2P for certain quantities of the controlled substance resulted in a jury verdict for all defendants on Counts Two, Three and Four on grounds of government entrapment. The jury, after some deliberation, asked the judge whether the government-had supplied the essential chemical (P2P) for the production of the .9 gram which was the subject of Count One. The trial judge stated there was no direct…