United States Seventh Circuit

Two defendants' sentences for conspiracy to distribute crack are vacated and remanded where: 1) one defendant's sentence was properly enhanced for his having played a supervisory role in the conspiracy, but he was entitled to a remand under Kimbrough for the limited purpose of addressing the crack/powder cocaine sentencing disparity; and 2) the second defendant was entitled to remand for consideration of all elements of his relevant conduct.

Appellate Information

• Decided 11/14/2008
• Published 11/14/2008

Judges

• CUDAHY, Circuit Judge., Before BAUER, CUDAHY, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Elizabeth Altman (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., William R. Jones (argued), Jones Law Firm, Madison, WI, for Defendants-Appellants.