United States v. Lejon Robins, Aka: Edwin Price, Jr.

Defendant Lejon Robins pleaded guilty to one count of possession with intent to distribute phencyclidine (“PCP”), in violation of 21 U.S.C. § 841 (a)(1). In addition to PCP, at the time of his arrest Robins possessed two brick-shaped packages containing 2,779 grams of cornmeal and one-tenth of a gram of cocaine. At sentencing, the district court considered the cornmeal and cocaine to be a “mixture” containing a controlled substance under section 2Dl.l(c) n. * of the Sentencing Guidelines. The court included the weight of the cornmeal and the cocaine in calculating Robins’s sentence, and sentenced him to five years imprisonment.

Robins appeals his sentence. We vacate his sentence because we hold that it was error for the district court to conclude that the combination of cornmeal and cocaine was a “mixture” under Guideline section 2Dl.l(c) n. *. We remand for resentenc-ing.

DISCUSSION

The facts of this case are undisputed. On July 3, 1990, Marvin Brown and a confidential informant went to a motel in Oklahoma City, Oklahoma, to buy cocaine from the defendant Robins and his codefendant Harold Carr. Robins and Carr gave Brown a brick-shaped package wrapped in duct tape which…