United States First Circuit

Defendants' sentences for crack cocaine related offenses are vacated where the district court erred as a matter of law in constructing a new sentencing range based on the categorical substitution of a 20 to 1 crack-to-powder ratio for the 100 to 1 ratio embedded in the sentencing guidelines.

Appellate Information

• Decided 01/05/2006
• Published 01/05/2006

Judges

• SELYA, Circuit Judge., Before SELYA, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Donald C. Lockhart, Assistant United States Attorney, with whom Robert Clark Corrente, United States Attorney, Lee Vilker and Peter F. Neronha, Assistant United States Attorneys, were on brief, for appellant.


• For Appellees:
  
• Edward C. Roy, Jr., Assistant Federal Public Defender, for appellee Pho., Kevin J. Fitzgerald, Assistant Federal Public Defender, for appellee Lewis.