United States DC Circuit

Defendant's sentence for a drug conviction is reversed where the district judge improperly declined to sentence defendant according to the U.S. Sentencing Guidelines because he disagreed with the Guidelines.

Appellate Information

• Decided 10/26/2004
• Published 10/26/2004

Judges

• Before:  GINSBURG, Chief Judge, and EDWARDS and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lisa H. Schertler, Assistant U.S. Attorney, argued the cause for appellant.   With her on the briefs were Roscoe C. Howard, Jr., U.S. Attorney at the time the brief was filed, Kenneth L. Wainstein, U.S. Attorney, and John R. Fisher and Florence Y. Pan, Assistant U.S. Attorneys.  Thomas J. Tourish, Jr., Assistant U.S. Attorney, entered an appearance.


• For Appellees:
  
• Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellee.   With her on the brief was A. J. Kramer, Federal Public Defender.  Neil H. Jaffee and Shawn Moore, Assistant Federal Public Defenders, entered appearances.