by Perry was crack. While there was no evidence that the controlled substance contained sodium bicarbonate (“an admixture which the Guidelines themselves specifically identify as one signature for crack,” Thomas, 360 F.Supp.2d at 240), nor any evidence that the Defendant knew he was selling crack, neither finding (although no doubt helpful) is required under either the statute or the advisory Guidelines. Likewise, while only one lay witness testified that based on the substance’s physical appearance it was crack, no further testimony was necessary. Therefore, as set forth in the PSR, the applicable Guideline yields an Offense Level of 34 and Criminal History Category of III, resulting in a Guideline range .Iowa 2005) (same), Simon v. United States, 361 F.Supp.2d 35 (E.D.N.Y.2005) (<HOLDING>), and United States v. Jaber, 362 F.Supp.2d
holding that a sentencing judge would commit a statutory error  if the judge failed to consider the applicable guidelines range  as well as the other factors listed in section 3553a holding that equal weight should be given to each factor listed in  3553a and courts must resolve conflicts between  3553 factors and guidelines holding that the district court is not required to state on the record that it has explicitly considered each of the  3553a factors or to discuss each of the  3553a factors holding that there is no nonconstitutional error under booker where the district court sentencing in the alternative sufficiently considered the guidelines as well as the other factors listed in  3553a holding that guidelines should be accorded the same weight as each other factor listed in  3553a