Sentence for drug crimes is vacated where: 1) two defendants were entitled to a remand for resentencing in light of Kimbrough as no congressional directive prohibited the district court from considering defendants' sentencing argument based on the crack/powder disparity affecting career offenders convicted of drug conspiracy offenses under 21 U.S.C. sec. 846; and 2) another defendant is granted a limited remand at which the district court should indicate whether it would have sentenced him differently had it known of its discretion under Kimbrough. Two defendants' sentences are affirmed in all other respects.
Appellate Information
Appeals from the United States District Court for the Northern District of Illinois, Eastern Division.
Argued September 18, 2008
Decided July 20, 2009
Judges
Before EASTERBROOK, Chief Judge, and SYKES and TINDER, Circuit Judges.
Opinion by TINDER, Circuit Judge.
