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Kimbrough v. US, 06-6330

Under US v. Booker, the cocaine Sentencing Guidelines, like all other Guidelines, are advisory only, and the Fourth Circuit Court of Appeals erred in holding that a sentence outside the guidelines range is per se unreasonable when it is based on a disagreement with the sentencing disparity for crack and powder cocaine offenses. A judge may determine that, in a particular case, a within-Guidelines sentence is "greater than necessary" to serve the objectives of sentencing, and in doing so, the judge may consider the disparity between the Guidelines' treatment of crack and powder cocaine offenses.

Appellate Information

  • Decided 12/10/2007
  • Published 12/10/2007



  • United States Supreme Court


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