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US v. Curb, 07-5286

By FindLaw Staff on November 18, 2010 4:01 PM

Defendant's sentence for crack cocaine conviction reversed and remanded in light of Kimbrough and Spears

US v. Curb, 07-5286, concerne a challenge to the district court's imposition of a sentence of twenty-one years and ten months' imprisonment to be followed by eight years of supervised release, in a prosecution of defendant for crack cocaine related offenses.  In reversing, the court remanded for resentencing, the court held that, although defendant's challenge to the district court's enhancement of the total offense level for his status as a career offender fails, defendant's sentence is reversed and remanded for resentencing in light of the Supreme Court's recognition of crack-to-powder cocaine sentencing disparities in Kimbrough and Spears.

As the court wrote: "As in Johnson, we cannot know from the sentencing transcript whether the district court would have imposed the same sentence on [defendant] had it been aware of its authority to vary categorically from the career offender Guidelines based on a policy disagreement with the 100:1 crack-to-powder ratio.  The district court sentencing transcript does not speak at all to that question.  It shows only that the district court understood that the Guidelines were advisory.  Therefore, Johnson compels resentencing."

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