No. 07-1291.

527 F.3d 282 (2008)

UNITED STATES of America, v. Johnny GUNTER, Appellant.

United States Court of Appeals, Third Circuit.

Filed: June 9, 2008.

Attorney(s) appearing for the Case

David L. McColgin, Esq., Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, Counsel for Appellant.

Francis C. Barbieri, Jr., Esq., Robert A. Zauzmer, Esq., Office of United States Attorney, Philadelphia, PA, Counsel for Appellee.

Before: FISHER, JORDAN, and VAN ANTWERPEN, Circuit Judges.


VAN ANTWERPEN, Circuit Judge.

Appellant Johnny Gunter appeals the judgment of sentence entered by the District Court following resentencing. Appellant contends that the District Court erred in: (1) failing to understand its discretion to consider Appellant's arguments relating to disparities created by the crack-to-powder ratio; and (2) imposing a concurrent sentence on Count 5 in excess of the statutory maximum. Although we will affirm...

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