No. 05-2952.

462 F.3d 237 (2006)

UNITED STATES of America v. Johnny GUNTER, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed September 11, 2006.

Attorney(s) appearing for the Case

Maureen Kearney Rowley, Chief Federal Defender, Robert Epstein, Assistant Federal Defender, David L. McColgin (Argued), Assistant Federal Defender, Supervising Appellate Attorney, Federal Court Division, Defender Association of Philadelphia, Philadelphia, PA, for Appellant.

Patrick L. Meehan, United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Chief of Appeals, Francis C. Barbieri, Jr. (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, for Appellee.

Before AMBRO, FUENTES and GREENBERG, Circuit Judges.

AMBRO, Circuit Judge.

Johnny Gunter was convicted, inter alia, of possession with intent to distribute cocaine base ("crack") and sentenced to a 295-month prison term. He argues on appeal that the District Court erred in ruling that it could not, as a matter of law, impose a sentence below that of the applicable federal Sentencing Guidelines range for offenses involving crack cocaine. For the reasons provided below, we vacate Gunter's sentence, and remand this...


Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.



Read it with your Leagle account.
Sign in to continue

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases