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U.S. v. BYFIELD

No. 03-3091.

391 F.3d 277 (2004)

UNITED STATES of America, Appellee v. Wayne BYFIELD, Appellant

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 2004.

Attorney(s) appearing for the Case

Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellant Wayne Byfield. With her on the briefs was A.J. Kramer, Federal Public Defender. Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance for appellant Wayne Byfield.

Patricia A. Heffernan, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, John R. Fisher, Roy W. McLeese, III, John P. Gidez and Robert D. Okun, Assistant U.S. Attorneys.

Before: EDWARDS, RANDOLPH, Circuit Judges and WILLIAMS, Senior Circuit Judge.

STEPHEN F. WILLIAMS, Senior Circuit Judge.

Appellant Wayne Byfield proposes that a person cannot smoke a mixture of roughly equal parts sugar and cocaine base. Accordingly, he says, for sentencing purposes the sugar should be subtracted from the total weight of the material he was convicted of possessing. Because the government provided virtually no evidence contradicting his factual claim, we reverse and remand.

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