United States Seventh Circuit

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.

Appellate Information

• Argued 10/29/2007
• Decided 03/31/2008
• Published 03/31/2008

Judges

• BAUER, Circuit Judge., Before BAUER, RIPPLE, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• 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.