U.S. v. Corner

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 08-1033
Decision Date: 
March 17, 2010
Federal District: 
W.D. Wisc.
Holding: 
Vacated and remanded
Ct. of Appeals vacated defendant's 188-month term of incarceration on drug distribution charge involving cocaine base where said sentence was based on Welton, 583 F3d 494, which held that Dist. Ct. was bound by crack/powder cocaine ratio when imposing sentence where defendant had also been found to be career criminal. Ct. of Appeals, though, overruled Welton and remanded case for new sentencing hearing since Dist. Ct. now has discretion to impose sentence that is at variance with career-offender sentencing guideline.