03-4234 U.S. v. Edwards

By: dmc-admin//February 14, 2005//

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“A lingering and stratified circuit split on a matter of such importance to the administration of criminal justice surely warrants the attention of Congress or resolution by the Supreme Court. In the meantime, however, we reaffirm our circuit’s holding in Booker that for purposes of the mandatory minimum sentence in 21 U.S.C. § 841(b)(1)(A)(iii), the phrase ‘cocaine base’ refers to cocaine base that constitutes crack. Edwards’ two ten-year sentences were premised on the district court’s factual finding that Edwards possessed noncrack forms of cocaine base and its legal conclusion that any form of cocaine base qualified for the mandatory minimum. The district court’s legal conclusion was in error; we therefore reverse and remand for resentencing in accordance with this opinion.

Reversed.

Appeal from the United States District Court for the Northern District of Illinois, Shadur, J., Sykes, J.

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