United States Seventh Circuit

Sentence for drug crimes is vacated where: 1) two defendants were entitled to a remand for resentencing in light of Kimbrough as no congressional directive prohibited the district court from considering defendants' sentencing argument based on the crack/powder disparity affecting career offenders convicted of drug conspiracy offenses under 21 U.S.C. sec. 846; and 2) another defendant is granted a limited remand at which the district court should indicate whether it would have sentenced him differently had it known of its discretion under Kimbrough. Two defendants' sentences are affirmed in all other respects.

Appellate Information

• Decided 07/20/2009
• Published 07/20/2009

Judges

• TINDER, Circuit Judge., Before EASTERBROOK, Chief Judge, and SYKES and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Stuart D. Fullerton (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Terence F. MaccarthyWilliam H. Theis (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant, Armean Knox., Andrew J. McGowan (argued), Office of the Federal Public Defender, Richard H. Parsons, Peoria, IL, for Defendant-Appellant, Anthony Knox., Ellen R. Domph (argued), Chicago, IL, for Defendant-Appellant, Reginald Davis.