Derrick Kimbrough
Petitioner
Frances H. Pratt, Counsel of Record Derrick Kimbrough was arrested in Norfolk, Virginia, on May 24, 2004, and charged with three drug offenses involving crack and powder cocaine and one firearm possession charge. Following his indictment, Kimbrough pled guilty to all four counts. The imprisonment range recommended by the U.S. Sentencing Guidelines for the drug offenses was 168 to 210 months. This range was substantially higher than it would have been if the offenses had involved only powder cocaine because the guidelines treat 1 gram of crack cocaine as equivalent to 100 grams of powder cocaine. Noting that such a…
