United States Seventh Circuit

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US v. Womack, 09-2488

In a prosecution of defendant for distributing cocaine base, district court's application of a career offender enhancement when imposing a sentence of 360 months is vacated and remanded as, although the district court did not err by applying the career offender enhancement in defendant's guidelines calculation and the sentence imposed was within a correctly calculated guidelines range, the district court erred in stating that it could not consider the sentencing disparity between crack and powder cocaine offenses under the guidelines because district courts may disagree with the career offender enhancement on policy grounds related to the crack/powder disparity and impose sentences accordingly.

Appellate Information

  • Decided 06/25/2010
  • Published 06/25/2010

Judges

Court

  • United States Seventh Circuit

Counsel