United States Seventh Circuit

In the wake of the Supreme Court's decision in Kimbrough v. US, 128 S. Ct. 558 (2007) that rendered the 100:1 ratio for crack to powder cocaine advisory, sentence for distribution of crack cocaine is remanded for resentencing where defendants sentenced before the Supreme Court's decision whose appeals were active at the time of the decision are entitled to a limited remand to determine whether the sentencing judge would still render the same sentence knowing that the ratio is advisory.

Appellate Information

• Argued 01/24/2008
• Decided 03/26/2008
• Published 03/26/2008

Judges

• POSNER, Circuit Judge., Before POSNER, RIPPLE, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Robert A. Anderson (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Richard H. Parsons, Andrew J. McGowan (argued), Jonathan E. Hawley, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.