Gould and Carey (Ds) were convicted of conspiracy to import and importing cocaine from South America. Ds enlisted the aid of Carey's sister and used hollowed out platform shoes to ship 2 pounds of cocaine. They were not successful as the customs agents insisted on X-raying the shoes. During trial, experts testified that the shoes contained a substance called cocaine hydrochloride, a derivative of coca leaves. The judge instructed the jury that if they found the substance in the shoes to be cocaine hydrochloride they were instructed that this was a schedule II substance. Ds were convicted and appealed.

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