United States v. Villareal
United States District Court for the Southern District of Texas
2012 WL 401051 (2012)
Villareal (defendant) was convicted of possessing 8.4 kilograms of a cocaine mixture with intent to distribute, triggering an enhanced sentence for mixtures weighing five kilograms or more. Villareal argued much of that weight was diluting filler so extreme it made the product unmarketable. A government lab expert testified that about 5.9 kilograms were low-purity but still recognizable and usable cocaine, while about 2.5 kilograms were diluted so heavily that their appearance was inconsistent with marketable cocaine.
Whether, in sentencing a convicted drug dealer, the court must consider the relative extent to which the seized product contains both marketable drugs and unmarketable filler material.