U.S. v. WATERS

No. 01-3784.

313 F.3d 151 (2002)

UNITED STATES OF AMERICA v. Keith WATERS, Appellant.

United States Court of Appeals, Third Circuit.

December 12, 2002.


Attorney(s) appearing for the Case

Guillermo L. Bosch, Collegeville, PA, Brian J. McMonagle, McMonagle, Perri & McHugh, Philadelphia, PA, for Appellant.

Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Robert A. Zauzmer, Assistant United States Attorney, Senior Appellate Counsel, Patrick C. Askin, Special Assistant United States Attorney, Philadelphia, PA, for Appellee.

Before BECKER, Chief Judge, SCIRICA and McKEE, Circuit Judges.


OPINION OF THE COURT

BECKER, Chief Judge.

The United States Sentencing Guidelines define "crack" cocaine as "the street name for a form of cocaine base, usually prepared by processing cocaine hydrochloride and sodium bicarbonate and usually appearing in a lumpy, rocklike form." U.S. Sentencing Guidelines § 2D1.1(c), Note (D). This appeal by Keith Waters ("Waters") from the sentence imposed by the District Court under the Sentencing Guidelines range...

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