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Kimbrough Applied to Meth

By Melody Evans and Kirk Redmond

Nice reversal by the 10th in US v. Santillanes. Here's the case in a nutshell:At sentencing, Santillanes requested a downward variance, arguing the disparity between mixed and actual methamphetamine in the Guidelines produced a sentence that was greater than necessary under the factors delineated in 18 U.S.C. § 3553(a). The district court, concluding it did not have the power to accept Santillanes?s argument based on a mere policy disagreement with the Guidelines, sentenced him to a term of 121 months. In light of the subsequent Supreme Court decision in Kimbrough v. United States, 128 S. Ct. 558 (2007), we REVERSE and REMAND for resentencing.The Court also takes time to remind of Rita: On remand, the district court?s task is to impose a sentence satisfying the 18 U...continue to full post

Full post as published by Kansas Federal Defender on April 22, 2008 (boomark / email).