Lower Court Holding
Decision of the Fourth Circuit U.S. Court of Appeals
The Government appeals the district court’s imposition of asentence outside of the United States Sentencing Guidelines range based, inpart, on the district court’s disagreement with the disparity between sentencesfor crack and powder cocaine violations. We havejurisdiction to review the sentence pursuant to Section 3742 [of the SentencingReform Act of 1984]. We review post-UnitedStates v. Booker (2005) sentences for reasonableness. DerrickKimbrough pled guilty to distributing 50 or more grams of crack cocaine,distributing cocaine, conspiring to distribute 50 grams or more of crackcocaine, and possessing a firearm in connection with a drug trafficking crime.The sentencing guideline range was 168 to…
