United States Ninth Circuit

Defendant's sentence as a career offender under section 4B1.1 of the Sentencing Guidelines following his guilty plea to distributing 52.4 grams of crack cocaine is affirmed where, even in cases where a defendant is being sentenced under the Guidelines as a career offender, the sentencing court may depart downward to account for the disparity between treatment of crack cocaine and powder cocaine in the Guidelines.

Appellate Information

• Decided 10/20/2010
• Published 10/20/2010

Judges

• Alfred T. Goodwin

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gary P. Burcham, Jean-Claude Andre