The opinion of the court was delivered by: Judge Conner
Presently before the court for judgment is the indictment (Doc. 1) against defendant Troy G. Brown ("Brown"). The one-count indictment charges defendant with intentionally and knowingly distributing and possessing with intent to distribute five grams and more of cocaine base, in violation of 21 U.S.C. § 841(a)(1). A non-jury trial was held on December 7, 2009, during which the parties stipulated to the content of the government's evidence. The defendant waived his right to a jury trial and his right to confront his accusers, and he presented no evidence at the trial. Pursuant to Rule 23(c) of the Federal Rules of Criminal Procedure, the court's findings of fact and conclusions of law are set forth below.
1. On March 6, 2009, a confidential informant arranged a purchase of cocaine base, to take place at the area of 4th and Muench Streets in Harrisburg, Pennsylvania.
2. An individual identified as Clayton Foster, the brother of defendant Brown, arrived at the location and delivered cocaine base to the confidential informant.
3. The contents of the bag delivered on March 6, 2009 weighed 6.8 grams and contained cocaine base.
4. On April 8, 2009, the confidential informant arranged another purchase of cocaine base, to take place at 19th and Herr Streets in Harrisburg.
5. On the same date, Defendant Brown drove to the residence at 2400 Brown Street in a black Cadillac, with Pennsylvania Registration GVY-8686.
He exited the vehicle and entered the residence at approximately 10:42 a.m. At approximately 10:46 a.m., he exited the residence and drove away in the black Cadillac.
6. At approximately 10:47 a.m., Defendant Brown arrived at 19th and Herr Streets in a black Cadillac, with Pennsylvania Registration GVY-8686.
7. The confidential informant entered the black Cadillac. A short time later, s/he exited the vehicle with cocaine base.
8. The contents of the bag obtained on April 8, 2009 weighed 13.2 grams and contained cocaine base.
9. Defendant Brown later returned to 2400 Brown Street in the black Cadillac. He exited the vehicle and entered the residence.
10. On April 9, 2009, at approximately 9:55 a.m., a black Cadillac, with Pennsylvania Registration GVY-8686, arrived at 2400 Brown Street. Defendant Brown exited the vehicle and entered the residence. A short time later, he ...