United States Sixth Circuit

Sentence for crack-related offenses is vacated and remanded in order to allow the district court to resentence the defendant in light of the Supreme Court's recent decision in Spears v. US that held that district courts have the power to categorically reject and vary from the crack-cocaine sentencing guidelines based on a policy disagreement with the guidelines.

Appellate Information

• Decided 01/26/2009
• Published 01/26/2009

Judges

• Before:  MARTIN and MOORE, Circuit Judges;  GWIN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Martin J. Beres, Law Offices of Martin J. Beres, Clinton Township, Michigan, for Appellant.  B. Rene Shekmer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Martin J. Beres, Law Offices of Martin J. Beres, Clinton Township, Michigan, for Appellant.   B. Rene Shekmer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.