United States Seventh Circuit

Sentence for possession with intent to distribute cocaine base is affirmed in part in remanded in part where: 1) the district court properly declined to group two of the counts prior to making a career-offender determination; 2) the advisory nature of the crack/cocaine sentencing guideline disparities did not require remand for resentencing; 3) the sentence on one count was reasonable; and 4) the sentence on the second count was to be remanded pursuant to stipulation of the parties.

Appellate Information

• Argued 05/08/2008
• Decided 09/10/2008
• Published 09/10/2008

Judges

• WILLIAMS, Circuit Judge., Before MANION, EVANS, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Stephen B. Clark (argued), Office of the United States Attorney, Fairview Heights, IL, George A. Norwood, Office of the United States Attorney, Benton, IL, for Plaintiff-Appellee., Melissa A. Day (argued), Federal Public Defender's Office, Benton, IL, for Defendant-Appellant.