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Home / Case Digests / 00-2609 U.S. v. Booker

00-2609 U.S. v. Booker

“Booker is correct that the government’s chemical evaluations identified the drugs generally as cocaine base and not as a specific type of cocaine. But we are aware of only two substances that are classified as cocaine base: crack cocaine and unprocessed, raw cocaine. Significantly, the tests run on Booker’s drugs found non-naturally occurring chemical additives in the cocaine base, showing that the cocaine was not raw, but had been processed. Booker presents no other alternative type of cocaine base besides crack that the drugs could be. By process of elimination, these chemical tests show the drugs to be crack.”

Affirmed.

Appeal from the United States District Court for the Eastern District of Wisconsin, Adelman, J., Bauer, J.


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