United States Seventh Circuit

Defendant's sentence of 188 months' imprisonment as a career offender for his conviction for possessing more than five grams of cocaine base is vacated and remanded as Welton is overruled to the extent it holds that section 4B1.1 differs from other Guidelines. Per Kimbrough and Spears, district judges are at liberty to reject any Guideline on policy grounds - though they must act reasonably when using that power.

Appellate Information

• Decided 03/17/2010
• Published 03/17/2010

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Peter M. Jarosz, Attorney (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Brian P. Mullins, Attorney (argued), Federal Defender Services of Eastern Wisconsin, Incorporated, Milwaukee, WI, for Defendant-Appellant.