United States Third Circuit

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US v. Ricks, 05-4832

Sentences imposed on brothers based on their guilty pleas to drug-conspiracy-related charges are vacated where -- based on prosecution's appeal that district court's use of 20-to-1 crack/powder cocaine drug quantity ratio was unreasonable -- courts may not categorically reject the 100-to-1 ratio.

Appellate Information

  • Argued 01/23/2007
  • Decided 07/20/2007
  • Published 07/20/2007

Judges

  • Before:  SCIRICA, Chief Judge, FUENTES and CHAGARES, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • David E. Troyer, Ara B. Gershengorn, (Argued), Office of the United States Attorney, Philadelphia, PA, Attorneys for the United States of America., David L. McColgin, (Argued), Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, Attorney for Marc Ricks., Gavin P. Holihan, Allentown, PA, Attorney for Michael Ricks., Mark Osler, Baylor Law School, Waco, TX, Attorney for Amici Curiae American Civil Liberties Union Foundation Drug Law Reform Project, American Civil Liberties Union of Pennsylvania, Douglas A. Berman, Michael M. O'Hear, David N. Yellen, and David M. Zlotnick.

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