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Court Opinions ›› Fowner v. United States (1992) SUPREME COURT OF THE UNITED STATES No. 91-7169 1992.SCT.2959 , 112 S. Ct. 1998, 118 L. Ed. 2d 594, 60 U.S.L.W. 3778 May 18, 1992 JAMES ARMIN FOWNER, PETITIONER V. UNITED STATES On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. The petition for a writ of certiorari is denied. The petitioner was arrested in possession of 79.7 grams of methamphetamine, as well as approximately 24 gallons of a liquid mixture containing detectable amounts of a controlled substance. At trial, an expert testified that the liquid was a waste byproduct of methamphetamine manufacturing. Petitioner claims that his sentence should not have been based on the entire weight of the 24 gallons of liquid because it is an uningestable waste. In [its] decision [...] the Court of Appeals for the Tenth Circuit held that it was unnecessary to make a determination whether the liquid was waste and intended to be discarded. Following Tenth Circuit precedent, the Court of Appeals held that so long as the liquid contained a detectable amount of a controlled substance, its entire weight was properly included in the calculation of the defendant's sentence under the Guidelines. Issue: This case presents the question whether the weight of uningestible waste material should be included in calculating the weight of a "mixture or substance" containing a detectable amount of a controlled substance for purposes of § 2D1.1 of the U.S. Sentencing Guidelines. Opinion by: CERT. DENIED Trivia Several Courts of Appeals [for the Third, Sixth and the Eleventh Circuits] [held] that sentencing calculations may not be based on the total weight of mixtures containing uningestable "waste" material. Several other Courts of Appeals [for the First, Fifth, Ninth, and the Tenth Circuits] [...] have taken a contrary approach. [...]

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