United States Seventh Circuit

Conviction for possession with intent to distribute fifty grams or more of crack cocaine is affirmed. The 360-month sentence is vacated and remanded, however, where defense counsel preserved the issue of the disparity in sentencing between crack cocaine and powder cocaine, even though he did not raise this issue at the sentencing hearing.

Appellate Information

• Decided 12/18/2008
• Published 12/18/2008

Judges

• RIPPLE, Circuit Judge., Before POSNER, RIPPLE and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Rita M. Rumbelow (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Brian J. Murray (argued), Jones Day, Chicago, IL, Lauren Robel, Indiana University, Bloomington, IN, for Defendant-Appellant.