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Eighth Circuit holds that federal district court may, if it so desires, reconsider sentence imposed on two men for crack cocaine-related crimes in light of crack cocaine-powder cocaine sentencing disparities

Eighth Circuit holds that federal district court may, if it so desires, reconsider sentence imposed on two men for crack cocaine-related crimes in light of crack cocaine-powder cocaine sentencing disparities: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

Despite ordering a remand to allow the district court to exercise a power that the district court did not recognize it possessed when it imposed the sentences in question, today's Eighth Circuit ruling goes on to explain: "We do not believe, though, that Kimbrough means that a district court now acts unreasonably, abuses its discretion, or otherwise commits error if it does not consider the crack/powder sentencing disparity."

Full post as published by How Appealing on February 07, 2008 (boomark / email).