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U.S. v. CASTILLO

Docket No. 05-3454-CR.

460 F.3d 337 (2006)

UNITED STATES of America, Appellant, v. Juan CASTILLO, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 16, 2006.

Attorney(s) appearing for the Case

Jonathan S. Abernethy, Assistant United States Attorney (Harry Sandick, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, for Appellant.

Joyce C. London (Marshall A. Mintz, on the brief), New York, NY, for Defendant-Appellee.

Mark Osler, Waco, TX, for The American Civil Liberties Union Foundation Drug Law Reform Project, Douglas A. Berman, Michael M. O'Hear, David N. Yellen, and David M. Zlotnick, for amici curiae in Support of Defendant-Appellee.

Before SACK, KATZMANN, Circuit Judges, and MURTHA, District Judge.

KATZMANN, Circuit Judge.

This appeal calls upon us to decide whether a district court's sentence can be upheld as reasonable when it is based solely on the district court's policy disagreement with how the United States Sentencing Guidelines treat crack cocaine offenses as compared to powder cocaine offenses, notwithstanding Congress's repeated rejection of proposals to alter that treatment.

The federal statute governing drug offenses calls for mandatory minimum...

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