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by | Mar 16, 2018 | Hosta

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DePierre v. United States, 564 U.S. 70 (2011), was a case in which the Supreme Court of the United States held that the use of the term "cocaine base" in 21 U.S.C. § 841(b)(1)[1] refers to cocaine in its chemically basic form.[2] The decision of the Court was unanimous, except with respect to Part III–A.

Background

A federal court found Frantz DePierre guilty of distributing cocaine in April 2008. Additionally, DePierre was found guilty of distributing more than 50 grams of "cocaine base, which carries a 10-year minimum sentence." Following this conviction, DePierre was sentenced to 10 years in a federal prison followed by 5 years of supervised release. Two years later, the US Court of Appeals upheld the sentencing,

Question Before the Court

Does the term "cocaine base" cover a broad spectrum of cocaine defined chemically as a base, or is the term specifically limited to the use and distribution of "crack" cocaine?[3]

Decision of the Court

In a unanimous decision, Justice Sotomayor wrote the opinion of the Court defining cocaine base as not just crack cocaine, but any substance that contains "cocaine in its chemically basic form."[4]

Concurring Opinion

Justice Scalia wrote a brief, humorous concurring opinion arguing that the Court's look into legislative history is unneeded and potentially harmful.

See also

References

  1. ^ 21 U.S.C. § 841(b)(1).
  2. ^ DePierre v. United States Opinion p. 1 "This case requires us to decide whether the term "cocaine base" as used in [21 U.S.C. §841(b)(1)] refers generally to cocaine in its chemically basic form or exclusively to what is colloquially known as "crack cocaine." We conclude that "cocaine base" means the former."
  3. ^ "DePierre v. United States". Oyez: Chicago-Kent College of Law. Retrieved November 14, 2013.
  4. ^ "DePierre v. United States". Justia: The US Supreme Court Center. Retrieved November 14, 2013.

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