1. 1 21 U.S.C. s 841(a)(1) provides that it is unlawful for any person knowingly or intentionally "to manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance." Thompson pleaded guilty to Count 5 of the Indictment which involved the sale of 23.6 grams of cocaine base to an undercover police officer.
2. 2 U.S.S.G. s 2D1.1(c)(4) provides a base offense level of 32 if the offense of conviction involved at least 50 grams but less than 150 grams of cocaine base. Although Thompson pleaded to one count of distribution involving 23.6 grams of cocaine base, U.S.S.G. s 1B1.3(a)(2) provides that a defendant can be held accountable for all acts that "were part of the same course of conduct or common scheme or plan as the offense of conviction." Therefore, in calculating Thompson's base offense level, the government used the aggregate of four sales made to undercover agents for a total of 51.8 grams. The first sale on January 13, 1997, involved 5.9 grams. The second sale on January 16, 1997, involved 11.6 grams. The third sale on January 21, 1997, involved 10.7 grams. The fourth sale on February 11, 1997, involved 23.6 grams. The defendant agreed to these amounts and dates.
3. 3 21 U.S.C. s 841(b)(1)(B)(iii) provides a mandatory minimum of not less than five years if the offense involved 5 grams or more of a mixture or substance which contains cocaine base.
4. 4 This range was calculated based on an Offense Level of 32, minus 3 points for acceptance of responsibility.
5. 5 This range was calculated based on an Offense Level of 13; starting with base level 16, minus 3 for acceptance of responsibility. Pursuant to 21 U.S.C. s 841, 50 grams of cocaine does not require a mandatory minimum.