US v. White, 06-3574
In a consolidated appeals involving five defendants convicted for participating in a long-running conspiracy to distribute illegal drugs, district court's judgment is affirmed for the most part and remanded in part where: 1) a defendant sentenced to 292 months' imprisonment is entitled to a remand for resentencing in light of Kimbrough v. US, 128 S.Ct. 558 (2007), as the district court abused its discretion in treating the disparity between crack cocaine and powder cocaine as mandatory and the government could not show that the error was harmless; and 2) convictions and sentences of remaining defendants are affirmed.
- Submitted 04/28/2009
- Decided 09/29/2009
- Published 09/29/2009
- SYKES, Circuit Judge., Before RIPPLE, MANION, and SYKES, Circuit Judges.
- United States Seventh Circuit
- For Appellant:
- Christopher R. McFadden (argued), Joseph Alesia, Edmond E-Min Chang, Office of the United States Attorney, Chicago, IL, for United States of America., Michael I. Leonard (argued), Meckler, Bulger & Tilson, Chicago, IL, for Derrick White., Richard H. Parsons, Johanna M. Christiansen (argued), Office of the Federal Public Defender, Peoria, IL, Matthew J. McQuaid, Chicago, IL, for Melvin Herbert., Judith E. Olingy, University of Wisconsin Law School, Madison, WI, William O. Walters, Mt. Prospect, IL, for James Stewart., Robert A. Handelsman, James A. McGurk, Chicago, IL, Susan Kister, St. Louis, MO, for Corey Evans., Andrea E. Gambino (argued), Gambino & Associates, Chicago, IL, for Marvel Thompson.