U.S. v. SHAW

Nos. 90-50242, CR-89-0243-TJH-2.

936 F.2d 412 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Jesse Lee SHAW, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Anthony WILSON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 11, 1991.

Attorney(s) appearing for the Case

Thomas H. Bienert, Jr., Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellant.

Paul E. Potter, Potter & Cohen, Pasadena, Cal., Robert K. Weinberg, Weinberg & Weinberg, Irvine, Cal., for defendants-appellees.

Before CANBY, Jr. and RYMER, Circuit Judges, and LEVI, District Judge.

RYMER, Circuit Judge:

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...

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