United States v. Jesse Lee Shaw, United States of America v. Anthony Wilson

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 substances in question were rock cocaine. He also testified that the cocaine compound in the…