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DePierre v. United States

Docket No.09-1533
Op. Below1st Circuit
ArgumentFeb 28, 2011

Holding

For purposes of a statute establishing mandatory minimum sentences for certain offenses involving cocaine base, the term cocaine base? includes all cocaine in its chemically basic form, not just crack cocaine.

Plain English Holding

A federal sentencing statute requiring high mandatory minimum sentences for certain offenses involving cocaine base applies to all kinds of cocaine, not just crack cocaine.

Judgment

Affirmed, 9-0, in an opinion by Sonia Sotomayor on Jun 9, 2011. Justice Scalia did not join Part III-A of the opinion; he also filed a separate opinion concurring in part and concurring in the judgment.

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