Opinion of the Court
A Judge Can Disregard Congressionally Sanctioned Federal Sentencing Guidelines for Crack Cocaine Offenses
Derrick Kimbrough v. UnitedStates —This case was granted certiorari on June 11, 2007, and was reversed andremanded on December 10. In a 7-to-2 decision, the Court held that a court can send a convicted drug dealer to prison for lesstime than the mandatory minimum sentence because it believes there is an unfairdisparity between required sentences for crack and powder cocaine.Featured in Sentencing Guidelines, Sup. Ct. Debates (Dec. 2007). The following is excerpted from the summary of themajority opinion written by Justice Ginsburg, as prepared by the Court Reporterof Decisions: Under United States v. Booker (2005), the cocaine [Sentencing]Guidelines,…
