US v. Padilla, 06-4370
Sentence for distribution of crack cocaine is vacated and remanded where the court could not ascertain from the record whether the sentencing judge would have imposed the same term of incarceration in the wake of the Supreme Court's decision in Kimbrough v. US, 128 S.Ct. 558, that the sentencing guidelines for crack offenses are advisory only.
- Argued 10/29/2007
- Decided 03/31/2008
- Published 03/31/2008
- BAUER, Circuit Judge., Before BAUER, RIPPLE, and WILLIAMS, Circuit Judges.
- United States Seventh Circuit
- For Appellees:
- Nancy Miller (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., James D. Tunick (argued), Chicago, IL, for Defendant-Appellant.