United States Seventh Circuit
US v. Clanton, 07-1773, 07-2358, 07-2924
Sentences in unrelated cases for distribution of crack cocaine and possession of crack cocaine with intent to distribute are affirmed in part and vacated in part where: 1) when a defendant objects to the use of the 100-to-1 crack/powder sentencing ratio, the merits of the sentence must be considered given the section 3553(a) factors and the advisory nature of the crack/powder ratio after Kimbrough; 2) when defendants are sentenced under the career-offender guideline, and the application of the guideline results in a higher offense level based on the crack/powder disparity, remand is appropriate under Kimbrough; and 3) when the career-offender guideline references the statutory maxima to calculate a sentence, the crack/cocaine disparity contained in the sentencing guidelines is not implicated, and no Kimbrough problem arises.
Appellate Information
- Decided 08/14/2008
- Published 08/14/2008
Judges
Court
- United States Seventh Circuit