Federal 7th Circuit Court
Criminal Court
Sentencing
In prosecution on drug offenses involving crack cocaine, Dist. Ct. did not err in sentencing defendants to 180-month and 48-month terms of incarceration even though defendants argued that they were entitled to new sentences since Dist. Ct. had failed to apply reduced crack to powder cocaine disparity ratio found in Fair Sentencing Act (Act). Record showed in both cases that Dist. Ct. had appropriately applied 18-to1 reduced ratio contained in said Act when determining defendants' applicable sentencing guideline range, and that their sentences were otherwise reasonable. However, remand was required for 180-month term of incarceration with respect to third defendant where there was no evidence indicating that Dist. Ct. had applied 18-to-1 crack to powder cocaine disparity ratio, or that Dist. Ct. would have given same sentence had it applied said ratio.