US v. Brown, 09-3776

US v. Brown, 09-3776, concerned a challenge to the district court's imposition of a sentence of 150 months' imprisonment, in a prosecution of defendant for possessing crack cocaine with the intent to distribute it.  In reversing the sentence and remanding for resentencing, the court held that, in light of US v. Corner as, although defendant received a sentence that was one month less than the low end of the advisory range for powder cocaine career offenders, it is not known how the district court would have sentenced defendant had it known it could disagree with the crack/powder disparity inherent in the career offender guideline.

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• Full text of US v. Brown, 09-3776