United States v. Elrod

Elrod was convicted upon his guilty plea to one count of conspiracy to possess with intent to distribute more than 10 grams (1,990 units) of lysergic acid diethylamide (LSD) in violation of 21 U.S.C. § 841(a)(1). Pursuant to a plea agreement, 8 additional counts, 4 of which were substantive counts charging possession with intent to distribute LSD, were dismissed. A chemists report established that the total weight of the 1,990 units found in Elrods possession was approximately 11 grams, of which .09 grams were pure LSD. The weight of the impregnated "blotter paper," the carrying medium for the LSD in Elrods possession, was over 10 grams. The "blotter paper" referred to is not the type of paper used to absorb ink. Rather, it is considerably thinner, of the same consistency, and generally off-white in color. Most often, the blotter paper is perforated into 1 inch sections upon which approximately 25 micrograms (the amount of a normal dosage) of LSD are placed. The impregnated square is sometimes ingested and at other times it is used to transfer the LSD for ingestion by other means. The district court totaled the weight of the pure LSD (.09 grams) and the weight of the "blotter paper" (over 10 grams) to arrive at the weight it used in computing the offense level of Elrods crime after applicable adjustments.