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). refers to cocaine in its chemically basic form.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." 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?
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."
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 Cocaine in the United States
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