United States DC Circuit

Defendant's sentence for offenses involving distribution or possession with intent to distribute cocaine base is vacated pursuant to US v. Booker, since the record established a reasonable likelihood that the sentencing judge would have imposed a lower sentence had he known the guidelines were not mandatory.

Appellate Information

• Argued 10/07/2005
• Decided 12/13/2005
• Published 12/13/2005

Judges

• Before:  ROGERS and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul Y. Kiyonaga argued the cause and filed the briefs for appellant.


• For Appellees:
  
• John P. Mannarino, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, John R. Fisher, Assistant U.S. Attorney at the time the brief was filed, and Thomas J. Tourish, Jr., Assistant U.S. Attorney.