U.S. v. GARRETT

No. 97-2070.

189 F.3d 610 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Orvid V. GARRETT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 1, 1999.


Attorney(s) appearing for the Case

Stephen B. Clark (argued), Ranley R. Killian, Jr., Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

Brent A. Hannafan (argued), Baker & McKenzie, Chicago, IL, for Defendant-Appellant.

Before FLAUM, RIPPLE and ROVNER, Circuit Judges.


RIPPLE, Circuit Judge.

Orvid Garrett stands convicted of four counts of distribution of cocaine base. See 21 U.S.C. § 841(a)(1). Mr. Garrett contends on appeal that the Government failed to establish at sentencing that the cocaine base was crack cocaine. For the reasons set forth in this opinion, we reverse the judgment of the district court and remand the case for proceedings consistent with this opinion.

I

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