Kimbrough V. United States and Federal Sentencing Guidelines in Crack Cocaine Cases

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Kimbrough v. United States and Federal Sentencing Guidelines in Crack Cocaine Cases The Kimbrough v. United Stated case had an issue whether or not the sentencing court may impose a sentence outside the guidelines range given the disparity in the statute between crack cocaine and powder cocaine. The policy that crack cocaine and powder cocaine were treated so differently under the sentencing laws was the issue. The same amount of crack cocaine as powder cocaine carried a far greater punishment. The Court held that a sentencing judge may consider the disparity between the Guidelines’ treatment of crack and powder cocaine when determining a sentencing range. The Supreme Court put the authority back in the sentencing court’s hands to eliminate the vast disparity between crack and powder cocaine in the sentencing phase. Kimbrough was indicted in federal court in September 2004 in Virginia on four drug-related counts: conspiracy to distribute both crack and powder cocaine; possession with intent to distribute more than 50 grams of crack cocaine; possession with intent to distribute powder cocaine; and possession of a firearm in furtherance of a drug trafficking offense. Kimbrough pleaded guilty to all four counts. Under the statutes that define these respective crimes, Kimbrough faced a sentence of between 15 years and life in prison. Based on the facts Kimbrough admitted the district court computed the applicable range under the federal sentencing guidelines at 228 to 270 months in prison. Kimbrough’s Guidelines range was so high because his offense involved both crack and powder cocaine. The mandatory minimum sentence, in turn, was 180 months in prison, and the district judge imposed that sentence. The Fourth Circuit Court of Appeals vacated the sentence and remanded for further proceedings. Relying on a prior opinion, the appellate court stated that any sentence

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