United States Ninth Circuit

Sentence for distribution of narcotics is affirmed where: 1) the disparity between sentences for powder and crack cocaine did not actually affect defendant's sentencing level, thus Kimbrough v. United States, 128 S. Ct. 558 (2007) was inapplicable; 2) the district court neither misapprehended the sentencing framework nor adopted a presumption of reasonableness; 3) the court applied sentencing factors appropriately; and 4) the court correctly determined that defendant qualified as a career offender.

Appellate Information

• Decided 03/28/2008
• Published 03/28/2008

Judges

• Before BETTY B. FLETCHER, SUSAN P. GRABER, and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kathleen Moran, Federal Defenders of Eastern Washington and Idaho, Spokane, WA, for defendant-appellant., George J.C. Jacobs, III, Assistant United States Attorney, Spokane, WA, for plaintiff-appellee.