US v. White, No. 06-3574
In a consolidated appeals involving five defendants convicted for participating in a long-running conspiracy to distribute illegal drugs, district court's judgment is affirmed for the most part and remanded in part where: 1) a defendant sentenced to 292 months' imprisonment is entitled to a remand for resentencing in light of Kimbrough v. US, 128 S.Ct. 558 (2007), as the district court abused its discretion in treating the disparity between crack cocaine and powder cocaine as mandatory and the government could not show that the error was harmless; and 2) convictions and sentences of remaining defendants are affirmed.
Appeals from the United States District Court for the Northern District of Illinois, Eastern Division
Argued September 26, 2009
Decided September 29, 2009
Before Ripple, Manion, and Sykes, Circuit Judges
Opinion by Sykes, Circuit Judge
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