United States v. Shirley F. Crowell, United States of America v. Alan Julian, United States of America v. Lora G. Horner

Shirley F. Crowell, Alan Julian and Lora G. Horner appeal from the sentences imposed upon them after their convictions of conspiracy and possession with intent to distribute dilaudid, a prescription drug which contains hydromorphone, a Schedule II controlled substance. 21 U.S.C. §§ 841 (a), 846. The single question we address in this opinion is whether the district court shall use the gross weight of the dilaudid tablet, or only the net weight of the controlled substance hydromorphone, in calculating drug quantity for purposes of sentencing. We conclude that the district court properly based its calculation on the gross weight of the dilau-did tablets and affirm on this issue.

BACKGROUND FACTS

In 1988, the Drug Enforcement Agency began investigating several persons who were illegally trafficking in dilaudid. Dilau- did is a pharmaceutically manufactured pain killer which produces effects similar to heroin’s. DEA agents surveilled Horner and other members of the conspiracy as they visited doctors in California, Arizona and New Mexico and obtained multiple prescriptions for dilaudid under false pretenses. The tablets were transported to Julian and Cro-well in Tennessee…