United States Third Circuit

Sentence for drug crimes is vacated and remanded for resentencing where the defendant's sentence was based on an erroneous legal conclusion in regards to the Sentencing Guidelines' crack-powder cocaine differential after the Supreme Court's subsequent holdings in Spears and Kimbrough. The district court did not give the Sentencing Guidelines presumptive weight, as the record made clear that the court appropriately understood the advisory nature of the Guidelines, and the court properly assessed one criminal history point for defendant's prior marijuana possession conviction.

Appellate Information

• Decided 04/23/2009
• Published 04/23/2009

Judges

• Before:  CHAGARES, HARDIMAN Circuit Judges, and ELLIS, Senior District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lisa B. Freeland, Federal Public Defender, Renee Pietropaolo, Assistant Federal Public Defender, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Mary Beth Buchanan, Robert L. Eberhardt, United States Attorneys, Donovan Cocas, Assistant United States Attorney, Pittsburgh, PA, for Appellee.