Upon a reweighing several months later requested by defense counsel, the cocaine base weighed 4.04 grams. The forensic scientist who weighed the cocaine base explained that .2 grams was used for qualitative analysis, and that the balance of the weight loss was due to evaporation of water from the original sample. The presentence report sought to hold Tucker accountable for the original weight of the cocaine base, 5.2 grams, and pursuant to U.S.S.G. sec. At sentencing Tucker objected to the use of 5.2 grams as the weight, contending that water is not a controlled substance and that the district court should calculate the purity of the cocaine base in determining the appropriate sentence. Tucker also objected to being held accountable for the additional .8 grams of cocaine base, contending that the two transactions in question did not constitute relevant conduct.
Tucker now appeals.
The record in this case reveals that at the time the police originally weighed the cocaine base, it weighed 5.2 grams. Thus, we have no reason to conclude that the dis- trict court erred in its assessment of the original weight of the cocaine base. The remaining question, whether the district court erred in using the original weight of the cocaine base in sen- tencing Tucker, is a legal question which we review de novo. 21 U.S.C. sec. Cocaine base is made by mixing cocaine and baking soda and boiling it in water, and in so doing, the water becomes mixed with the cocaine base.