United States Seventh Circuit

In an appeal from a conviction of distributing five or more grams of crack cocaine, the district court's sentence is reversed and remanded to allow the district court to decide whether to resentence the defendant in light of the Supreme Court's Kimbrough v. US, 128 S. Ct. 558 (2007), where the court held that a district court judge can take the crack/cocaine powder disparity into consideration in deciding whether to impose a below-guidelines sentence.

Appellate Information

• Argued 04/16/2008
• Decided 11/24/2008
• Published 11/24/2008

Judges

• WILLIAMS, Circuit Judge., Before EASTERBROOK, Chief Judge, and WOOD and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• J. Christopher Moore (argued), Office of the United States Attorney, Crim. Div., Nicole E. Gorovsky, Office of the United States Attorney, Civ. Div., Fairview Heights, IL, for Plaintiff-Appellee., Daniel T. Cook (argued), Office of the Federal Public Defender, Springfield, IL, Richard H. Parsons, Jonathan E. Hawley, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.