United States v. Brown

CARL E. STEWART, Circuit Judge:

FACTUAL AND PROCEDURAL BACKGROUND

On November 20, 1999, Walter Brown (“Brown”) was the victim of an attempted home invasion robbery. During the course of their investigation of the home invasion, police seized a microwave oven which contained 6.44 grams of cocaine base (crack cocaine) residue coated to the inside of the oven, and a bag containing nearly $12,000 cash. Brown pleaded guilty, pursuant to a plea agreement, to possessing cocaine base in violation of 21 U.S.C. § 844(a). The plea agreement provided the following: “The parties agree that the total amount…