Inflow Inventory Premium 2.4.0.3 Crack Cocaine
the probation office attributed to the conspiracy the following quantities of crack cocaine: cocaine base (crack) – 1.5 kilograms; cocaine – 224.6 grams; marijuana – 382 grams; and oxycodone – 1,200 tablets. in addition, it attributed to each of the defendants, with the exception of brabham, a firearm possession during the commission of a crime of violence, i.e., the murder of darrell smith, for which defendant dash was sentenced to life in prison.
testimony at the trial of the remaining defendants established that defendants thomas and dash were both participants in the conspiracy to distribute cocaine and marijuana in the mid-1980’s. dash had been convicted in 1987 on a guilty plea to distribution of cocaine base (crack) in an amount of more than five grams. according to the presentence report, the sale of crack in the early 1990’s was the most lucrative activity in which dash was engaged at that time. he was arrested in 1991 in connection with the distribution of 2.0 pounds of crack and 11 pounds of marijuana. in 1993, a search of the residence in which he was residing as a fugitive resulted in the discovery of 392.4 grams of marijuana, 61.7 grams of cocaine base, and seven firearms. a search of his home at that time revealed a $20,000 cash hoard, a $3000 cash hoard, and a personal business account at first continental bank in the name of “mike dash” with a balance of $6,000.
thus, the quantity of crack and cocaine attributable to thomas and dash was not based solely on their involvement in this conspiracy. moreover, the district court did not find that the conspiracy for which thomas and dash had been convicted was relevant to the conspiracy to which thomas and dash had pleaded guilty. thus, the district court properly declined to base the quantity of drugs attributable to thomas and dash on the conduct for which they were convicted.
although we have not found any reported decision regarding the size of packages that would constitute a kilogram of crack cocaine, we note that the packages in this case were not in as small a size as those in united states v. jennings, 160 f.3d 1006 (4th cir.1998), in which the court found that a package containing a kilogram of cocaine hydrochloride was not “a commercial unit, but a distribution unit.” id. at 1012. the package in jennings was a similar size to those in this case. but even if we were to find that the packages described by detective heaton’s testimony were not individually packaged, we would nevertheless affirm the district court’s finding. the testimony of the two lay witnesses, brabham and dash, together with detective heaton’s, was more than sufficient to support the district court’s finding
in the days leading up to the arrests in 1992. finally, on a third occasion, dash saw douglas use crack cocaine, but did not estimate the amount and, in fact, did not see any of the crack cocaine in question
brabham’s plea agreement contained a provision that, in addition to other terms, he would cooperate with law enforcement. the probation officer prepared a presentence report on brabham which included, for instance, the purchase of a gun from a san diego dealer, brabham’s purchase of a puppy, and a trip taken by brabham and others to take and sell cocaine
brabham’s basic offense level under the united states sentencing guidelines was 20. the probation office, however, attributed to brabham more than $160,000 in cocaine purchases in the period from september, 1989 through january, 1992 and added a two level enhancement for more than minimal planning
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