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Eighth Circuit provides post-Kimbrough spin on crack sentences

By Douglas A. Berman

The Eighth Circuit today in US v. Roberson, No. 06-3458 (8th Cir. Feb. 7, 2008) (available here) provides its spin on crack sentencing after Kimbrough. Here are some key excerpts (with cited omitted):The district court ignored Roberson?s and Sturgis?s arguments for lighter sentences based on the 100:1 disparity between crack and powder cocaine under the guidelines.  Previously, we have expressly refused to authorize such a consideration. Kimbrough held that the sentencing court did not abuse its discretion by considering the disparity between crack and powder cocaine sentences. More specifically, a district court acts within its discretion if it considers the crack/powder disparity in finding that a within-guidelines sentence is ??greater than necessary? to serve the objectives of sentencing...continue to full post

Full post as published by Sentencing Law and Policy on February 07, 2008 (boomark / email).