United States Eighth Circuit

In a prosecution for conspiracy with intent to distribute 50 grams or more of crack cocaine, a denial of defendant's motion to reconsider the denial of his motion to reduce his sentence is affirmed where: 1) proceedings under 18 U.S.C. section 3582(c)(2) do not implicate the Sixth Amendment right to have essential facts found by a jury beyond a reasonable doubt; and 2) in Kimbrough v. United States, 552 U.S. 85, 91 (2007), the Supreme Court held that a district court may vary from the advisory sentencing guidelines range based solely on the basis of a disagreement with the extent of the crack/powder disparity, but it did not eliminate the disparity altogether nor require a district court to vary from the advisory sentencing guidelines based on the disparity.

Appellate Information

• Decided 07/19/2010
• Published 07/19/2010

Judges

• Array

Court

• United States Eighth Circuit

Counsel