United States v. Phelix Henry Frazier

This appeal presents the question whether a defendant who buys drugs from an undercover officer should receive a base offense level under the Sentencing Guidelines that is derived from the quantity of drugs the defendant contracted or conspired to buy, or from the quantity of drugs actually delivered. We conclude that the negotiated amount determines the offense level.

I

Pheiix Henry Frazier pleaded guilty to one count of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. Section 841 (a)(1). Frazier had trav-elled to San Diego with three friends to buy cocaine. Their contact in San Diego made the mistake of attempting to fill the order from an undercover law enforcement officer participating in a “reverse sting” operation. The contact agreed to buy two kilograms of cocaine, and a package of the drug was exchanged for cash. The purchaser was then arrested. After his arrest, the purchaser led officers to Frazier and the others.

Frazier and his friends failed to receive the exact amount of cocaine for which they had paid. The undercover agent delivered only 1994.8 grams, or slightly less than the two kilos that the defendant’s coconspirator…