United States Seventh Circuit

District court's sentence of defendant convicted of distributing crack cocaine as a career offender is affirmed as Kimbrough's holding with respect to the Guidelines' disparate treatment of crack and powder cocaine does not include defendants sentenced as career offenders as the latter is the product of Congressional mandate.

Appellate Information

• Argued 06/01/2009
• Decided 10/02/2009
• Published 10/02/2009

Judges

• BAUER, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Meredith P. Duchemin, Attorney (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Erika L. Bierma, Attorney, Federal Defender Services, Madison, WI, Johanna M. Christiansen, Attorney (argued), Richard H. Parsons, Attorney, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.