U.S. v. Johnson

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 10-1737
Decision Date: 
March 24, 2011
Federal District: 
C.D. Ill.
Holding: 
Vacated and remanded
Dist. Ct. erred in sentencing defendant to life imprisonment on various crimes relating to possession and sale of crack cocaine where case had been remanded to Dist. Ct. to consider under Kimbrough whether disparate treatment of crack versus powder cocaine rendered defendant's life sentence unreasonable. Dist. Ct. failed to consider whether life sentence was sufficient, but not greater than necessary to comply with sentencing purposes set forth under section 3553(a)(2). Moreover, Dist. Ct.'s reluctance to depart from guidelines based on concern for disparities with sentencing decisions of others imposed under earlier sentencing scheme was improper.